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.