History of International Law of the Sea

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Questions and Answers

What was the purpose of the 2nd League of Nations Conference for the Codification of International Law?

To determine the standard breadth of territorial sea

To establish the United Nations Conferences on the Law of the Sea

To create a diplomatic avenue for debating and negotiating legal text

To codify unwritten law into a written law (correct)

What was the outcome of the United Nations Conferences on the Law of the Sea (UNCLOS)?

Created a diplomatic avenue for debating and negotiating legal text

Established the Institut De Droit International

Failed to determine the standard breadth of territorial sea

Developed and adopted treaty instruments of codified law of the sea (correct)

What was one of the reasons for intensifying codification efforts after World War I?

To establish the German Society of International Law

To make laws more outdated and fail to keep up with technological developments

To dominate the legal framework with a Western view

To transform unwritten law into written law (correct)

What was one of the outcomes of the 1958 Geneva Convention on Continental Shelf?

Codified certain customary laws into treaty text Signup and view all the answers

What was one of the primary motivations for the codification efforts in the 1900s?

To update outdated laws to align with technological developments Signup and view all the answers

Which organization studied and reviewed issues of the law of the sea?

All of the above Signup and view all the answers

What was the primary goal of the UNCLOS I conference in 1958?

To codify rules and customary practices of LOS. Signup and view all the answers

What was the main reason for the failure of UNCLOS II in 1960?

Dissatisfaction over provisions of 1958 Geneva Conventions. Signup and view all the answers

What was a significant technological advancement that made it necessary to review the 1958 Geneva Conventions?

Advances in offshore mining. Signup and view all the answers

What was the name of the declaration that influenced the UNCLOS I conference in 1958?

Santiago Declaration. Signup and view all the answers

How many sessions were held during the UNCLOS III conference?

11 sessions. Signup and view all the answers

What was the period during which UNCLOS III conference was held?

1973-1982. Signup and view all the answers

What was the primary issue that UNCLOS II failed to resolve?

Breadth of territorial sea. Signup and view all the answers

What was the name of the proclamation that influenced the UNCLOS I conference in 1958?

Truman Proclamation. Signup and view all the answers

Where was the final text of the LOSC adopted?

Montego Bay Signup and view all the answers

What was the unique feature of the decision-making process in the adoption of LOSC?

Consensus-based decision Signup and view all the answers

What is the LOSC often referred to as?

Constitution for the Oceans Signup and view all the answers

How many articles does the LOSC have?

320 Signup and view all the answers

When did the LOSC come into force?

16 November 1994 Signup and view all the answers

What was the main reason for the slow adoption of the LOSC?

Diverse conflicting interests by different groups or blocs Signup and view all the answers

What was the package deal principle in the LOSC negotiations?

States' reluctance to support certain proposals unless other States adopt other proposals Signup and view all the answers

What was the significance of the 1973 conference in New York?

It marked the beginning of the LOSC negotiations Signup and view all the answers

Study Notes

Development of the Law of the Sea

The 2nd Hague Codification Conference on International Law was held in 1930.
The Truman Proclamation was issued in 1945, which marked the beginning of the codification of the Law of the Sea.

UNCLOS I (1958)

The 1st UN Conference on the Law of the Sea (UNCLOS I) was held in Geneva from February 24 to April 27, 1958.
It was the first successful universal attempt to codify rules and customary practices of the Law of the Sea.
The conference was influenced by the Truman Proclamation (1945) and the Santiago Declaration (1952).
The conference failed to determine the exact breadth of the territorial sea and had a problematic open-ended definition of the length of the continental shelf.

UNCLOS II (1960)

The 2nd UN Conference on the Law of the Sea (UNCLOS II) was held in Geneva from March 16 to April 26, 1960.
The conference addressed unresolved issues from UNCLOS I, including dissatisfaction with the provisions of the 1958 Geneva Conventions and the proliferation of ocean enclosure movements.
It failed to produce any convention and determine the exact maximum breadth of the territorial sea (54-28 votes).

UNCLOS III (1973-1982)

The 3rd UN Conference on the Law of the Sea (UNCLOS III) was held from 1973 to 1982, during the height of the Ocean Enclosure Movement.
The conference aimed to produce a comprehensive codified law of the sea and was held in various cities and countries over 11 sessions.
It addressed issues such as the patrimonial sea and exclusive fisheries zone.

Post-LOSC (1982-Present)

The United Nations Convention on the Law of the Sea (UNCLOS) was adopted on April 30, 1982, with 130 votes to 4, and 17 abstentions.
The convention came into force on November 16, 1994, 12 months after the 60th state deposited its instrument of ratification or accession.

Overview of LOSC

The United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive multilateral treaty on the law of the sea.
It is often referred to as the "Constitution for the Oceans" and is one of the few treaties widely accepted by the international community.
The convention has 320 articles, 17 parts, and 9 annexes, covering practically every area and matter on the use and resources of the seas.

Adoption of LOSC

The adoption of the final text of LOSC was slow, taking nearly 10 years, due to the consensus-based decision-making process.
The package deal principle, where states would only support certain proposals in exchange for reciprocal support, also contributed to the delay.

Legal Scope of LOSC

The United Nations Convention on the Law of the Sea (UNCLOS) is the primary constitutive instrument governing the conduct of states in their uses of the oceans.

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Description

Chronological events of the development of the Law of the Sea, including UNCLOS I, II, and III, and the BBNJ Intergovernmental Conference. Explore the codification of the Law of the Sea and its progression since the 1900s.