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The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea..
NOAA's nautical charts provide the baseline that marks the inner limit of the territorial sea and the outer limit of internal waters. This determines where U.S. territorial waters begin for purposes of international law.
Notable in the development of the law of the sea are a number of international conventions signed in the latter half of the 20th century. The United Nations (UN) held its first Conference on the Law of the Sea (UNCLOS I) in 1956, which resulted in a 1958 Convention. The final conference, held in Montego Bay, Jamaica, in 1982, resulted in the 1982 Law of the Sea Convention (LOSC). The LOSC came into force in 1994 upon receiving the necessary number of UN signatories.
While the United States ratified the 1958 Convention, as of late 2013, it had not become a party to the 1982 Convention. The United States recognizes that the 1982 Convention reflects customary international law and complies with its provisions.
NOAA is responsible for depicting on its nautical charts the limits of the 12 nautical mile Territorial Sea, 24 nautical mile Contiguous Zone, and 200 nautical mile Exclusive Economic Zone (EEZ). Each of these maritime zones is projected from what is called a “normal baseline,” which is derived from NOAA nautical charts. A “normal baseline” is defined under the Law of the Sea as the low-water line along the coast as marked on officially recognized, large-scale charts or the lowest charted datum, which is mean lower low water (MLLW) in the United States. The method of arriving at this baseline is described in the 1958 Convention and in the 1982 Convention. The U.S. normal baselines are ambulatory and subject to changes such as accretion (addition of land) and erosion. Unless the seaward boundary or zone is fixed, it will be subject to corresponding change.
The location of maritime zones and boundaries can have potentially far-reaching effects. As a result, NOAA works with other federal agencies, particularly the U.S. Department of State, to periodically update U.S. maritime zones and boundaries as depicted on NOAA navigational charts.
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Last updated: 06/16/24 Author: NOAA How to cite this article
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The 1982 Law of the Sea Convention offsite link (LOSC) sets forth a comprehensive legal framework for the use and protection of the sea, the seabed and subsoil, and the marine environment, including both natural and cultural resources. Through a wide range of provisions, the LOSC establishes clear guidelines with respect to states' navigational rights, maritime zones and boundaries, and economic jurisdiction, while also providing member states a mechanism for international cooperation and dispute resolution. Although not yet a party to the treaty, the U.S. nevertheless observes the UN LOSC as reflective of customary international law and practice. Despite the efforts of numerous government officials, organizations, and industries since its creation, the treaty has yet to gather the Congressional support necessary for U.S. accession.
U.S. accession to the Law of the Sea Convention has received support from current and past Administrations, both Republican and Democratic, military leaders, and various other high-ranking U.S. government officials. See Department of State Law of the Sea Convention . U.S. accession to the treaty has similarly received strong support from a wide variety of businesses, organizations, and individuals, including those in the fishing, energy, telecommunications, legal, and environmental fields. See Supporters .
Of the many benefits to be gained from U.S. accession to the UN LOSC, establishing an internationally recognized legal foundation to support U.S. rights and claims is perhaps the most commonly cited. As stated by President Barack Obama in the 2013 National Strategy for the Arctic Region , "Only by joining the convention can we maximize legal certainty and best secure international recognition of our sovereign rights with respect to the U.S. extended continental shelf in the Arctic and elsewhere." The widespread benefits are not limited to the continental shelf and its resources, however.
Secretary of State Hillary Clinton, alongside Secretary of Defense Leon Panetta and Chairman of the Joint Chiefs of Staff General Martin Dempsey, testified in support of U.S. accession to the Convention in a May 2012 hearing of the Senate Foreign Relations Committee , emphasizing that as the "world's foremost maritime power" and country with the largest Exclusive Economic Zone (EEZ), the United States stands to gain more from this treaty in terms of economics, security, and international influence than any other nation. That same month, while giving a speech on the national security benefits of the treaty at the Forum on the Law of the Sea Convention offsite link , General Dempsey stated, "The Convention gives us another tool to effectively resolve conflicts at every level. It provides a common language, and therefore a better opportunity, to settle disputes with cooperation instead of cannons." Department of Defense .
Secretary of State John Kerry has similarly reiterated support for U.S. accession to the Convention throughout his time in office. While acting as Chairman of the Senate Foreign Relations Committee Secretary Kerry authored an article offsite link published in the Huffington Post highlighting the widespread bipartisan support for U.S. accession to the treaty, writing: "It's a treaty that boasts an unprecedented breadth of support from Republican foreign policy experts, the United States military, and the hard-nosed, bottom line American business community." See US Leaders Support Law of the Sea Treaty offsite link .
In Executive Order 13547 (July 19, 2010) , President Barack Obama established a National Policy for Stewardship of the Ocean, our Coasts and the Great Lakes, commonly referred to as the "National Ocean Policy". The Executive Order identifies U.S. accession to LOSC as a key priority in implementing the National Ocean Policy, while also adopting the Final Recommendations of the Interagency Ocean Policy Task Force. The Final Recommendations reflect that the Task Force "strongly and unanimously supports United States accession to the Convention on the Law of the Sea and ratification of its 1994 Implementing Agreement."
Furthermore, while speaking with the Seattle Times offsite link in September 2009, NOAA Administrator Dr. Jane Lubchenco and Commandant of the Coast Guard Admiral Thad Allen issued a statement advocating U.S. ratification of the Law of the Sea Convention, emphasizing the many ways in which the treaty will preserve "our ability to protect our domestic interests, including our extended continental shelf claims" and allow the U.S. to "address the changing realities of the global maritime environment."
For more information on U.S. accession to the LOSC, the U.S. Department of State maintains a database of LOSC Fact Sheets reflecting the benefits, support, and other recent information.
The practice of coastal States exercising jurisdictional rights and authority over activities in their coastal waters dates back to at least the 17th century, where a three (3) nautical mile territorial sea was recognized as the limit of a coastal State's control. This recognition has been attributed to the range of a cannon in the 17th century, and is commonly known as the "Canon Shot Rule." Seaward of the territorial seas were the high seas, in which all vessels had the freedom of the seas, including the freedom of navigation and exploitation. A customs zone or belt of water adjacent to the territorial sea later developed in which states recognized the coastal States' right to enforce certain customs and trafficking laws. Centuries later, through President Harry Truman's 1945 proclamation concerning the continental shelf, the United States asserted jurisdiction and control over the natural resources of the continental shelf, recognizing the shelf as a natural prolongation of U.S. territorial lands. Shortly thereafter, as the need for a comprehensive legal framework became more apparent, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) in 1956, which resulted in four conventions: the 1958 Convention on the Territorial Sea and Contiguous Zone , the 1958 Convention on the Continental Shelf offsite link , the 1958 Convention on the High Seas and the 1958 Convention on Fishing and Conservation of Living Resources of the High Seas . Certified copies of the four conventions were transmitted by the President to the Senate with a view to receiving its advice and consent. In April 1960, the Senate Foreign Relations Committee favorably reported the four conventions and recommended that the Senate give its advice and consent. Resolutions on ratification were approved by the Senate in May 1960. The United Nations held a second conference regarding the Laws of the Sea in 1960 (UNCLOS II), however this conference did not result in any convention or agreement. Another UN conference was called in 1973 to address certain unresolved issues (UNCLOS III); this conference was concluded in Montego Bay, Jamaica in 1982, and resulted in the 1982 Law of the Sea Convention (LOSC). The LOSC came into force in 1994 upon receiving the necessary number of signatories.
Please note: When you click on many of the links on this page you will be leaving the NOAA General Counsel web site. You may wish to review the copyright and other notices on those sites since their practices may be different.
Mar 27, 2013
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Law of the Sea. Introduction 1493 to 1958 UNCLOS I, II, and III Consequences. Introduction. Law as Custom Law as Multi-Party Agreements Law as Unilateral Agreements. 1493-1958. A. Spain and Portugal Columbus and Dias 2. Pope Alexander VI 3. Treaty of Tordesillas. 1493-1958.
Law of the Sea Introduction 1493 to 1958 UNCLOS I, II, and III Consequences
Introduction Law as Custom Law as Multi-Party Agreements Law as Unilateral Agreements
1493-1958 A. Spain and Portugal • Columbus and Dias 2. Pope Alexander VI 3. Treaty of Tordesillas
1493-1958 B. Holland and England • Hugo de Groot (Groetius) and Mare Liberum • John Selden and Mare Clausum • Cornelius van Bynkershoek and De Domino Maris
1493-1958 1608: Hugo de Groot (Groetius) and Mare Liberum The seas are the property of no one, because: • No nation can control the ocean • No nation can exhaust the ocean’s resources
1493-1958 1635: John Selden and Mare Clausum The seas can be seen as property, because: • They can be subject to national control • Their resources can be exhausted
1493-1958 1702: Cornelius van Bynkershoek and De Domino Maris • A nation can realistically control only the sea near its shore • That control comes out of the barrel of a gun - the Cannon Shot Rule and the 3-mile limit
1493-1958 1930: The Hague conference on international law • Precursor to UNCLOS • General agreement on treating coastal waters as sovereign territory
1493-1958 1945: The Truman Proclamations #2667 Natural Resources of the Subsoil and Sea-Bed of the Continental Shelf #2668 Coastal Fisheries in Certain Areas of the High Seas
1493-1958 #2667 “having concern for the urgency of conserving and prudently utilizing its natural resources, the Government of the United States regards the natural resources of the subsoil and sea-bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control"
1493-1958 #2668 “In view of the pressing need for conservation and protection of fishery resources, the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a substantial scale. Where such activities have been or shall hereafter be developed and maintained by its nationals alone, the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States."
1493-1958 1945-1950: Latin America takes on the Truman Proclamations Mexico, 1945: Jurisdiction over continental shelf mineral & fishery resources Argentina, 1946: Sovereignty over the continental shelf and the overlying sea Chile, 1947: As Argentina, but out to 200 miles
1493-1958 1952: The Santiago Declaration Chile, Peru, and Ecuador claim 200 mile sovereignty Right of innocent passage through this 200 mile zone was explicitly acknowledged
UNCLOS I, 1958 • High Seas • Territorial Sea and Contiguous Zone • Continental Shelf • Fishing and Conservation of Living Resources of the High Seas
UNCLOS I, 1958 Convention on the High Seas • Freedom of Navigation • Freedom of Overflight • Freedom of Fishing • Freedom to Lay Cables and Pipelines
UNCLOS I, 1958 Convention on Territorial Seas and Contiguous Zones • Territorial sovereignty over coastal waters extends beyond low tide line - no agreement on how far! • Contiguous seas at 12 miles from shore • Some problems here (Latin American claims)
UNCLOS I, 1958 Convention on the Continental Shelf • Coastal nations have sovereignty over the seabed and its resources, but not over the water and airspace above the seabed • Problems with benthic species
UNCLOS I, 1958 Convention Fishing and Living Resources of the High Seas • Recognized that marine resources were exhaustible • Resolution of disputes by “binding arbitration” was unpalatable • Undefined extent of “territorial sea” led to problems
The Cod Wars, 1958-1976 • Post-War Prelude • 1st Cod War: 1958 • 2nd Cod War: 1972-1973 • 3rd Cod War: 1975-1976
Post-War Prelude • 1944: Iceland gains independence from Denmark • 1950: Iceland extends its “fishery zone” to 4 miles • 1954 - 1958: Iceland’s catches decline outside the 4-mile zone
1st Cod War, 1958 • Iceland’s economy largely dependent upon fishing • Dwindling cod stocks in the North Sea send British trawlers towards Iceland • September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles
1st Cod War, 1958 • September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles
1st Cod War, 1958 • Britain doesn’t accept this extension, and has Royal Navy frigates accompany its trawlers into waters claimed by Iceland • Attempted boardings, collisions, warning shots • Iceland and UK agree to have International Court of Appeals in the Hague resolve disputes
UNCLOS II, 1960 Goal was to resolve specific problems left by UNCLOS I • Width of Territorial Seas • Fisheries Limits NO AGREEMENT REACHED ON EITHER ISSUE!
2nd Cod War, 1972 • September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles
2nd Cod War, 1972 • September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles • Britain doesn’t accept this extension, and Iceland ignores the arbitration treaty • Iceland patrol boats cut the gear of British trawlers within the new 50 mile zone
2nd Cod War, 1972 • Iceland patrol boats cut the gear of British trawlers within the new 50 mile zone
2nd Cod War, 1972 • Again, Royal Navy frigates accompany British trawlers into waters claimed by Iceland • NATO intervenes, and an agreement to allow Britain to harvest a certain tonnage of fish within Iceland’s declared 50 mile limit is signed • This agreement extends to November, 1975
Montevideo, Lima, andSanto Domingo Declarations(1970-1972) Latin American Nations Come to a Regional Consensus on 12-Mile Territorial Seas and 200-Mile “Patrimonial” Seas
3rd Cod War, 1975 • 1974: Cod stocks in trouble again • In 1964, 18-year old cod being caught; In 1974, nothing older than 12-years old; Reproductive capacity of stock is reduced • British fisheries scientists agree with the analyses of their Icelandic colleagues • So, one more time…
3rd Cod War, 1975 • Iceland extends its exclusion zone to 200 miles
3rd Cod War, 1975 • Iceland extends its exclusion zone to 200 miles • The termination date of the treaty allowing Britain to fish within waters claimed by Iceland passes • Iceland cuts trawling gear, British frigates ram Icelandic patrol boats, shots are fired • Iceland threatens to close an important NATO base • Britain backs down
3rd Cod War, 1975 • Iceland extends its exclusion zone to 200 miles • The termination date of the treaty allowing Britain to fish within waters claimed by Iceland passes • Iceland cuts trawling gear, British frigates ram Icelandic patrol boats, shots are fired • Iceland threatens to close an important NATO base • Britain backs down - • And establishes its own 200-mile limit
3rd Cod War, 1975 • “ Between scientists is was a very friendly cod war. The English are our best enemies” • “All the world was going to 200 miles. I said to the British minister ‘I am quite sure you are going to 200 miles in a few years, and then we will be able to advise you on how to do it’ ”
UNCLOS III, 1973-1982 • 585 Days over a 9-year period • Largest Multilateral Treaty-Making Conference • Treaty Available for Signing in 1982 • Treaty Came in to Force in 1994 • U.S. Voted Against the Treaty • Many Nations have not Signed the Treaty
Important agreements reached at UNCLOS III • Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles. • Contiguous zone up to 24 nautical miles from the shoreline for purposes of enforcement of customs, fiscal, immigration, or sanitary laws. • Exclusive economic zone up to 200 nautical miles from the shoreline for purposes of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil. • The resources of the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction are the common heritage of mankind. • An International Seabed Authority will organize, carry out, and control activities associated with the exploitation of the resources of the international seabed. • A parallel system will be established for exploring and exploiting the international seabed, one involving private and state ventures and the other involving the Authority. • A so-called Enterprise will carry out activities in the international seabed for the Authority and will be responsible for transporting, processing, and marketing minerals recovered from the international seabed.
Countries that have not ratified UNCLOS III Cambodia, Colombia, Congo, North Korea, Dominican Republic, Ecuador, Eritrea, Estonia, Iran, Israel, Latvia, Liberia, Libya, Morocco, Niue, Peru, Syria, Thailand, East Timor, Turkey, United States, Venezuela, and 21 landlocked states including Afghanistan, Ethiopia, and Niger.
UNCLOS III, 1973-1982 • U.S. Voted Against the Treaty • U.S. had already, unilaterally, adopted many of the treaty’s features, the most important being the adoption of the 200-mile EEZ in 1977.
Capture landings by the USA, New Zealand, USSR/Russia, and Japan
Consequences 12-Mile Territorial Sea 200-Mile Exclusive Economic Zone Rights of Innocent Passage
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Law of the sea – powerpoint ppt presentation.
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1.57k likes | 4.95k Views. The Law of the Sea. The Law of the Sea. History Sources of the law of the sea Codification The Hague Codification Conference of 1930 UNCLOS I 1958 UNCLOS II 1960 UNCLOS III 1973-1982 1982 United Nations Convention on the Law of the Sea. The Law of the Sea. Maritime areas: Baselines. Download Presentation. low water line.
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