United Nations Convention on the Law of the Sea (UNCLOS)
Kartavya Desk Staff
Source: IE
Subject: International Organisation
Context: An Iranian warship IRIS Dena was sunk by a US submarine off the coast of Sri Lanka while returning from the International Fleet Review 2026 at Visakhapatnam.
About United Nations Convention on the Law of the Sea (UNCLOS):
What it is?
• UNCLOS is the comprehensive international treaty that establishes the legal framework governing the use of the world’s oceans and seas.
• It is often called the Constitution of the Oceans because it defines rights and responsibilities of states in maritime zones.
Came into force:
• Adopted in 1982 at Montego Bay, Jamaica.
• Entered into force in 1994 after sufficient ratifications.
Members:
• 168 parties including the European Union.
• Major maritime powers like India are parties, while the United States has signed but not ratified the convention.
• To ensure peaceful use of oceans, equitable use of marine resources, protection of marine environment, and regulation of maritime boundaries.
Key functions:
• Defines Maritime Zones – Establishes legal zones such as Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and High Seas.
• Navigation Rights – Guarantees freedom of navigation and innocent passage for ships through territorial waters.
• Resource Governance – Regulates exploration and exploitation of marine resources such as fisheries, oil, and minerals.
• Marine Environmental Protection – Provides legal provisions to prevent pollution and protect marine biodiversity.
• Dispute Settlement – Establishes mechanisms like the International Tribunal for the Law of the Sea (ITLOS) for resolving maritime disputes.
• Seabed Governance – Creates the International Seabed Authority (ISA) to regulate mineral resources in areas beyond national jurisdiction.
About UNCLOS and International Waters:
What are International Waters?
• International waters, also called the High Seas, are areas of the ocean beyond the Exclusive Economic Zone (200 nautical miles) of any coastal state.
Features associated with International Waters:
• Freedom of Navigation – Ships of all states can sail freely without interference.
• Freedom of Overflight – Aircraft can pass over high seas without restriction.
• Peaceful Use Principle – Under Article 88 of UNCLOS, high seas must be reserved for peaceful purposes. The latest strike off Sri Lanka has raised questions about the legality of a military strike in international waters. A state could use force in international waters if it was responding in self-defence.
• The latest strike off Sri Lanka has raised questions about the legality of a military strike in international waters.
• A state could use force in international waters if it was responding in self-defence.
• Shared Global Commons – No country can claim sovereignty over international waters.
• Limited Use of Force – Military action in international waters is generally restricted unless self-defence or UN Security Council authorization exists.
• Common Heritage Principle – Resources in the seabed beyond national jurisdiction are treated as the common heritage of mankind.