Law of the Sea Overview

Law of the Sea

• The Law of the Sea is comprised by international laws that govern how states and other legal entities operate in maritime affairs.
• The Law of the Sea is governed by three principles:
  • Freedom: Ensures free use of the oceans.
  • Sovereignty: Protects the interests of coastal states.
  • Common Heritage of Mankind: Promotes the common interest of all people in the present and future.
• The Law of the Sea has been codified into four main acts:
  • The Hague Conference for the Codification of International Law (1930)
    • Held in the Netherlands.
    • Focused creating uniformity in international law, especially in the areas of nationality laws, territorial waters, and state responsibility.
  • Law of the Sea, 1958 (UNCLOS I)
    • Held in Geneva, Switzerland.
    • First UN Conference on the Law of the Sea.
    • Focused on setting legal groundwork regarding the rights and responsibilities of nations using the oceans.
  • Law of the Sea, 1960 (UNCLOS II)
    • Held in Geneva, Switzerland.
    • Second UN Conference on the Law of the Sea.
    • Addressed unresolved issues arising from the first conference, specifically the territorial waters and fishing rights.
  • Law of the Sea, 1973-1982 (UNCLOS III)
    • Landmark international effort to develop a comprehensive legal framework for how the world uses the oceans.
    • Led to the 1982 adoption of the United Nations Convention on the Law of the Sea (UNCLOS), which is the most important international agreement on maritime law.
• Baseline
  • Definition: The line that is used to measure the outer limits of a country’s maritime jurisdiction. It also marks the separation between internal waters and the territorial sea.
  • Types of Baselines:
    • Normal Baseline: Low-water line along a country’s coast.
    • Straight Baseline: Lines drawn between outermost points of a country’s coast.
    • Closing Lines Across River Mouths and Bays: Used to establish a baseline for coastal areas with bays and river mouths.
    • Archipelagic Baseline: This baseline is used by island nations to draw straight lines between their islands, essentially enclosing the waters within the lines as their territorial waters.

International Human Rights Conventions

• International Convention on Civil and Political Rights (ICCPR)

  • Adopted in 1966 by the United Nations General Assembly and entered into force in 1976.

• Key Provisions:

  • Right to self-determination.
  • Right to freely dispose of natural resources.
  • Non-derogable Rights: Rights that cannot be limited or suspended in any emergency situation, including:
    • Right to life.
    • Prohibition of Genocide.
    • Freedom from torture.
    • Freedom from slavery or servitude.
    • Freedom from imprisonment for debt.
    • Freedom from ex post facto laws.
    • Right to recognition as a person before the law.
    • Freedom of thought, conscience, and religion.

• International Covenant on Economic, Social and Cultural Rights (ICESCR)

  • Adopted in 1966 by the United Nations General Assembly and entered into force in 1976.

• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

  • Article 1: Defines discrimination against women as any distinction, exclusion, or restriction based on sex that impairs the enjoyment of women's rights.

• Convention on the Rights of the Child (UNCRC)

  • Key Provisions:
  • The right to be registered at birth.
  • The right to acquire nationality.
  • The right to know and be cared for by parents.
  • The right not to be separated from parents against his will.
  • Freedom of expression.
  • Freedom of thought, conscience, and religion.
  • Freedom of association.
  • Freedom of assembly.
  • Protection from physical or mental violence.
  • Enjoyment of the highest attainable standard of health.
  • The right to benefit from social security.
  • The right to a standard of living adequate for the child's development.
  • The right to education.
  • The right to enjoy one's own culture, religion, and language.
  • The right to rest and leisure.
  • Protection from economic exploitation.
  • Protection from sexual exploitation and sexual abuse.

Principles of International Environmental Law

• Principle of Good Neighborliness: States have a responsibility to ensure that their activities do not cause damage to the environment of other states or to areas beyond national jurisdiction.
• Principles of Common but Differentiated Responsibility: Developed states have a greater responsibility to address global environmental problems because they have contributed disproportionately to environmental degradation and have more financial and technological resources.
• Principles of Non-Discrimination: Environmental regulations should not discriminate between pollution affecting a state and pollution affecting other states.
• Standards of Conduct
  • Strict Liability Theory: States are absolutely liable for the effects of pollution regardless of fault.
  • Test of Due Diligence: States should exercise a reasonable level of care to prevent environmental damage.
  • Long-range Transboundary Air Pollution: Air pollution that originates in one state and has adverse effects in another state at a distance that makes it difficult to identify the source.
• Bases of Liability for Transboundary Pollution
  • Strict liability for ultra-hazardous activities.
  • Responsibility for neighborliness principle.