United Nations Convention on the Law of the Sea 1982 - Geography | UPSC Learning

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United Nations Convention on the Law of the Sea 1982

United Nations Convention on the Law of the Sea 1982

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geography

đź“– Introduction

<h4>About the United Nations Convention on the Law of the Sea (UNCLOS)</h4><p>The <strong>United Nations Convention on the Law of the Sea (UNCLOS)</strong> is a pivotal <strong>international treaty</strong>. It establishes a comprehensive <strong>regulatory framework</strong> for all activities related to the world's <strong>seas and oceans</strong>.</p><div class='key-point-box'><p><strong>UNCLOS</strong> is often referred to as the 'constitution for the oceans' as it defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.</p></div><h4>Ratification and Global Adherence</h4><p>The Convention was officially opened for signature in <strong>December 1982</strong> in <strong>Montego Bay, Jamaica</strong>. This marked a significant milestone in international maritime law.</p><div class='info-box'><p>As of today, <strong>UNCLOS</strong> has been ratified by a total of <strong>168 parties</strong>. This includes <strong>167 states</strong> (comprising <strong>164 United Nations (UN) member states</strong>, the <strong>UN Observer state Palestine</strong>, along with the <strong>Cook Islands</strong> and <strong>Niue</strong>) and the <strong>European Union</strong>.</p></div><p>Additionally, <strong>14 UN member states</strong> have signed the convention, indicating their intent to comply, but have not yet completed the ratification process.</p><h4>India's Stance on UNCLOS</h4><p><strong>India</strong> demonstrated its commitment to international maritime law by ratifying <strong>UNCLOS</strong> in <strong>1995</strong>. This aligns India with the global framework for ocean governance.</p><div class='exam-tip-box'><p>It is important to note for UPSC exams that the <strong>United States (US)</strong>, a major maritime power, has notably <strong>failed to ratify</strong> the convention to date. This often leads to discussions on its implications for international maritime disputes.</p></div><h4>Indian Law and Innocent Passage</h4><p>India's maritime legal framework is enshrined in the <strong>India’s Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976</strong>. This act defines various maritime zones and their associated rights.</p><p>Under this Indian law, all <strong>foreign ships</strong>, with the exception of <strong>warships</strong> (including <strong>submarines</strong> and other <strong>underwater vehicles</strong>), are granted the fundamental <strong>right of innocent passage</strong> through India's <strong>territorial waters</strong>.</p><div class='info-box'><p><strong>Definition of Innocent Passage:</strong> This refers to a passage that is <strong>not prejudicial to the peace, good order or security of India</strong>. It implies transit that is continuous, expeditious, and does not involve any threat or illegal activity.</p></div>
Concept Diagram

đź’ˇ Key Takeaways

  • •UNCLOS is a comprehensive international treaty governing all aspects of the world's seas and oceans.
  • •It establishes a regulatory framework for maritime zones, navigation rights, and resource management.
  • •India ratified UNCLOS in 1995, adhering to its principles and leveraging its provisions.
  • •The 'right of innocent passage' allows foreign non-military ships to transit territorial waters without prejudice to the coastal state's security.
  • •The US has not ratified UNCLOS, leading to distinct approaches in international maritime affairs.
  • •UNCLOS is vital for global maritime stability, resource governance, and environmental protection.

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📚 Reference Sources

•United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) - Official UNCLOS website
•India’s Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976