la ley del mar. satian nanda unclos2 brazil rio present08

7/30/2019 La Ley Del Mar. Satian Nanda Unclos2 Brazil Rio Present08

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The 1982 United Nations Convention onthe Law of the Sea

Ambassador Satya N. Nandan


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The Law of the Sea


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The Third United Nations Conference on the Law of

the Sea opened in 1973 with the first draft of thetreaty submitted in 1975. Following negotiations overthe next seven years and after undergoing major

revisions the final text of the new convention was putto vote and adopted in 1982.

The United Nations Convention on the Law of the Sea

entered into force on 16 November 1994, and issupplemented by two implementing agreementsdealing respectively with Seabed Mining and Straddling

and Highly Migratory Fish Stocks.


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As at 31 October 2008, there were 157 Parties to

the Convention.


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Success of the Convention

It is widely applied in state practice with

considerable uniformity and consistency Followed by competent international

organizations and technical bodies related

to oceans Recognized as the paramount source by

judicial bodies

Provides important point of reference forparties and non-parties


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Achievements of the Convention

Settles the breadth of the territorial sea at 12 nauticalmiles, with a guaranteed right of navigation.

Provides for resource jurisdiction in a 200 nautical mileexclusive economic zone, including measures for thelong-term sustainability of fisheries resources and

jurisdiction for environmental regulations.

Provides for extended continental shelf jurisdiction,combining scientific and geological criteria whereapplicable.

Provides for a regime for archipelagic States. Creates a regime for the development of the mineralresources of the deep seabed.

Sets out rules for the conduct of marine scientific

research.


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Guarantees access to and from the sea for land-locked

States. Contains rules for the protection and preservation of the

marine environment.

Establishes mechanisms and procedures for compulsorysettlement of disputes.

Its universal acceptance and widespread application inState practice provides a common framework for relations

among States on maritime issues. It is an important contribution to global peace and

security.


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Zones of Jurisdiction


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Institutions created by the Convention

International Tribunal for the Law of theSea

Commission on the Limits of theContinental Shelf

International Seabed Authority


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International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Seawas also created by the Convention to settledisputes that arise in the interpretation and

application of the provisions of the Convention.

The Tribunal, which has its headquarters in

Hamburg, Germany, became operational inOctober 1996, two years after the Conventioncame into force.


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Commission on the Limits of the Continental

ShelfThe purpose of the Commission is to facilitate the implementationof the Convention with respect to the establishment of the outer

limits of the continental shelf beyond 200 nautical miles.

Coastal States are required by the Convention to submit data andinformation on the outer limit of the Continental Shelf in

accordance with the technical and scientific formula provided inthe Convention.

The Commission examines the data and information to determine

if the coastal states claim to the outer limits of its continentalshelf is in conformity with the Convention provisions. If satisfiedthe Commission makes its recommendation to the coastal state.The coastal state then establishes the outer limits of its shelf on

the basis of the recommendations.


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The International SeabedAuthority

The International Seabed Authority is anautonomous international organization establishedunder the 1982 United Nations Convention on theLaw of the Sea.

It is the organization through which States organizeand control activities in the seabed and the subsoilbeyond the limits of national jurisdiction (the Area),particularly with a view to administering the

resources of the Area.

The Area and its resources are the common heritageof mankind, and all rights in the resources of the

Area are vested in mankind as a whole on whosebehalf the Authority acts.


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Main Functions

Adopt rules, regulations and procedures

for conduct of activities in the Area.

Promote and encourage marine scientificresearch in the Area.

Protect and conserve the naturalresources of the Area and prevent damage

to the flora and fauna of the marineenvironment


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Other activities of the Authority

Technical workshops

Publications

Central data Repository

Maintaining Informative and interactive webpage andLibrary

Geological Model for Polymetallic Nodule deposits inthe Clarion-Clipperton Fracture zone

Quantitative Model (improve resource assessment)

Predictive Model (identify high grade areas)

Prospectors Guide


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Endowment Fund

The Authority established an Endowment Fund topromote and encourage collaborative marine scientificresearch through two main activities:

Supporting the participation of qualified scientists and

technical personnel from developing countries inresearch programmes and activities; and

Providing opportunities for collaboration by thesepersons in relevant initiatives.

This is achieved through the cooperation of national andinternational scientific institutions and Contractors.


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New Challenges for the Law of the Sea

An important feature of the Convention is its capacity to adaptto new and changing circumstances.

It allows for flexibility within its framework in theimplementation of many of its provisions through competentinternational organizations such as the International MaritimeOrganization, FAO, regional fisheries commissions andregional environmental programmes.

A few situations that have arisen required further elaborationof the Convention through implementing agreements :(1) The 1994 Implementing Agreement to resolve theoutstanding issues relating to Part XI (the deep seabed

mining provisions) of the Convention(2) The 1996 Implementing Agreement on the problems ofmanagement of Straddling and Highly Migratory Fish Stocks,inspired by the Rio Declaration


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Some Current Challenges

Ecosystem approach to fisheries

management

Action to be taken to protectbiodiversity in the worlds oceans

How to deal with the so-called geneticresources of the ocean


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Ecosystem - based fisheries Management

The main goal is to ensure sustainability ofcatches without compromising the inherentstructure and functioning of the marineecosystem

It requires much more data and information

about ecological relationships and the impact ofhuman activities than in single-speciesmanagement regimes

It requires greater regional integration and more

coordinated approach at global level e.g. datacollection and scientific analysis of large marineecosystems


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Protection of marine biodiversity

Need for action to reduce the current rate of biodiversity lossfor benefit of all life on earth. The need is compelling because

many marine species and ecosystems are poorly understoodand are subjected to rapid increase in the level ofanthropogenic impacts coastal area population growth, badfishing practices and impacts such as climate change

Call for establishment of marine protected areas is aresponse. This has to be balanced with competing uses ofoceans including the mandate of the International Seabed

Authority to administer and promote the development of themineral resources of the deep seabed.


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Marine genetic resources

Management of marine genetic resources has

become a prominent issue. The issues aremultifaceted

(1) concerns on the impact on the marineenvironment of the recovery of geneticresources

(2) fair access to genetic resources for lesstechnologically advanced states

(3) sharing of the financial and other benefitsderived from genetic resources

(4) lack of environmental regulations of

unrestrained scientific activity


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THANK YOU

la ley del mar. satian nanda unclos2 brazil rio present08

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