The beginning and end of the negotiations on the United Nations Convention on the Law of the Sea

Answer]: Due to the complexity of maritime disputes, the United Nations Convention on the Law of the Sea provides "exceptions" to its dispute settlement mechanism, allowing States parties to the Convention to exclude the application of these settlement procedures to the following six categories of maritime disputes by way of declaration: (1) disputes involving both the sovereignty of the land territory of the Republic of China and the mainland or islands, or other unresolved rights; (2) Disputes arising from the delimitation of maritime boundaries in the territorial sea, exclusive economic zone and continental shelf; (3) disputes involving historic bays or their ownership; (4) Disputes concerning military activities, including military activities of ** ships and aircraft engaged in non-commercial activities; (5) The nucleus of the dispute in which the UN Security Council is carrying out the functions entrusted to it by the UN Charter.

In addition, there is no obligation on the coasting State to withhold the submission of such procedures in disputes arising from the exercise of sovereign rights or jurisdiction over the marine scientific and fishing activities of other States in its exclusive economic zone and on the continental shelf.

The United Nations Convention on the Law of the Sea was adopted in 1982.

The United Nations Convention on the Law of the Sea defines important concepts such as internal waters, territorial sea, adjacent maritime areas, continental shelf, exclusive economic zone, and high seas. It plays an important role in guiding and adjudicating the current territorial sea sovereignty disputes, maritime natural resources management, and pollution treatment around the world.

The United Nations Convention on the Law of the Sea was adopted at the final session of the Third United Nations Conference on the Law of the Sea, held in Montego Bay, Jamaica, on 10 December 1982, and entered into force on 16 November 1994, having been ratified by more than 150 countries. The convention stipulates that a country may have exclusive rights to the sea area 200 nautical miles (about 370 kilometers) from its coastline.

Summary. Dear and hello, the United Nations Convention on the Law of the Sea was originally born in the context of the third world countries' attempt to use the "legal **" to balance international hegemony, and it was in this context that in April 1958, the first United Nations Conference on the Law of the Sea was held in Geneva and finally signed the four conventions on the sea mentioned above.

It is in this context that in February and April 1958, the first meeting of the United Nations Convention on the Law of the Sea was held in Geneva and finally the four conventions on the sea were signed.

Since 1973, the United Nations has officially convened the Third Conference on the Law of the Sea. The core of this meeting is to clarify maritime rights and interests one by one. The conference lasted 10 years and held a total of 14 meetings in 11 sessions.

As a result, this conference has become the largest, longest, and most extensive international legislative practice in the history of international law so far, and the final product of the conference is the current United Nations Convention on the Law of the Sea.

So what is the goal of this convention?

The objective of the United Nations Convention on the Law of the Sea is to establish an international seabed area regime for the international seabed area, based on the principle of the common heritage of mankind and characterized by a "parallel exploitation regime", and the Agreement for the Implementation of Part XI reached through consultations between the Secretary-General of the United Nations continues to maintain this basic framework of the regime for the international seabed area, that is, under the principle that "the Area and its resources are the common heritage of mankind", Its exploitation is carried out directly by the International Seabed Authority (ISA), which represents the interests of all mankind, through its Enterprise Division, on the one hand, and by the States Parties and their public and private enterprises through exploration and/or exploitation contracts with the ISA.

United Nations Convention on the Law of the Sea

unitednationsconventiononthelawofthesea

Adopted by the Third United Nations Conference on the Law of the Sea.

Done at Montego Bay, Jamaica, 10 December 1982.

The Third United Nations Conference on the Law of Laughter on the Seas was held 11 times from 1973 to 1982.

The Convention entered into force on 16 November 1994.

Of the 158 countries and regions that have signed the Convention, 60 have ratified or acceded to the Convention as of December 31, 1993.

China signed the Convention on 10 December 1982 but has not yet ratified it.

The Convention is divided into 17 parts, with 320 articles and 9 annexes.

Part I deals with the terminology and scope of the Convention, Part II deals with the territorial sea and contiguous zone, Part III deals with straits used for international navigation, Part IV deals with archipelagic States, Part V is the exclusive economic zone, Part VI is the continental shelf, Part VII is the high seas, Part VIII is the island regime, Part IX is closed or semi-closed sea, Part X is the right of landlocked States to and from the sea and freedom of transit, and Part XI is the seabed and seabed and subsoil area thereof beyond the limits of national jurisdiction, Part XII deals with the protection and preservation of the marine environment, Part XIII deals with marine scientific research, Part XIV deals with the development and transfer of marine technology, Part XV deals with the settlement of disputes, Part XVI deals with general provisions and Part XVII deals with final provisions.

Annex I is the Highly Migratory Fish Species, Annex II is the Commission on the Limits of the Continental Shelf, Annex III is the Basic Principles of Prospecting, Exploration and Development, Annex IV is the Statute of the Ministry of Enterprises, Annex V is Mediation, Annex VI is the Statute of the International Tribunal for the Law of the Sea, Annex VII is Arbitration, Annex VIII is Special Arbitration and Annex IX is the Counsellor of International Organizations.

The Convention codified the customary rules of the international law of the sea, provided for the width of the territorial sea of 12 nautical miles, affirmed the 200-nautical-mile exclusive economic zone regime, and established the rights of coastal States to the natural resources of the continental shelf.

The Convention clearly declares that the seabed and ocean floor area beyond the limits of national jurisdiction and the subsoil thereof, as well as the resources thereof, are the common heritage of mankind and that their exploration and exploitation shall be carried out for the benefit of all mankind.