CENTRAL UNIVERSITY OF SOUTH BIHAR
Department of Law and
Governance
LAW OF THE SEA IN PUBLIC
INTERNATIONAL LAW
STUDENT’S NAME – CHANCHAL KUMARI
ENROLMENT NO – CUSB2213125033
SEMESTER - IV
SECTION - A
SUBMITTED TO,
Dr. KUMARI NITU
[ASSISTANT PROFESSOR]
SCHOOL OF LAW AND GOVERNANCE
CENTRAL UNIVERSITY OF SOUTH BIHAR
Acknowledgement
I would like to express my sincere gratitude to DR. KUMARI NITU [ASSISTANT PROFESSOR] for
guiding me in making this assignment on the topic Law of the Sea Law in Public International
Law and for providing me the knowledge during my research. It has been a privilege to be her
student and this project would not have been practically possible without his indispensable
support. We cherish the motivation that he has brought in me to work harder and think more
widely. Special mention of her patience with which she gave enough time to me every time I
approached her for guidance. It has been an enlightening experience under his guidance and I
take immense proude in being called her student.
THANK YOU
Chanchal Kumari
CUSB2213125033
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TABLE OF CONTENTS
Sr. No. Contents Page No.
1. INTRODUCTION 3
2. HISTORICAL DEVELOPMENT 4-5
3. KEY PRINCIPLES OF UNCLOS 6-7
4. DISPUTE RESOLUTION MECHANISMS 8-9
5. CONTEMPORARY CHALLENGES 10-12
6. CONCLUSION 13
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1. INTRODUCTION
The Law of the Sea, a pivotal branch of Public International Law, serves as the primary legal
framework governing the rights and responsibilities of nations with regards to the utilization
and management of the world's oceans. Its scope encompasses a broad array of topics, ranging
from the allocation of navigational rights and establishment of maritime boundaries to the
preservation of marine environments and sustainable resource exploitation. This body of law
has evolved over centuries, influenced by a myriad of factors including customary practices,
bilateral agreements, multilateral treaties, and international conventions. Throughout history,
nations have sought to regulate maritime affairs to ensure order, security, and fairness in the
use of the oceans. Early civilizations established rudimentary norms and customs governing
maritime activities, reflecting the recognition of the seas as a common resource shared by all.
Over time, as maritime trade expanded and colonial powers vied for control over strategic
waterways, the need for more formalized rules and regulations became apparent.
The modern development of the Law of the Sea can be traced back to the mid-20th century,
marked by significant milestones such as the 1958 United Nations Convention on the Law of
the Sea (UNCLOS I). This convention addressed foundational principles including the concept
of territorial waters and the freedom of navigation on the high seas. However, it was the
subsequent negotiations leading to the adoption of the United Nations Convention on the Law
of the Sea in 1982 (UNCLOS III) that laid the groundwork for a comprehensive legal regime
governing maritime affairs. UNCLOS, often hailed as the "constitution for the oceans,"
represents a landmark achievement in international law. It codifies a wide range of principles
and rules aimed at regulating activities in maritime zones and promoting cooperation among
nations. Among its core components are provisions relating to the territorial sea, exclusive
economic zones (EEZs), the continental shelf, navigational rights, marine environmental
protection, and dispute resolution mechanisms.
In this article, we embark on an exploration of the key principles and components of the Law
of the Sea, shedding light on its historical evolution and contemporary relevance in the realm
of international relations. By delving into the intricacies of this multifaceted legal framework,
we aim to elucidate its significance in shaping the conduct of states and fostering cooperation
in the management of our planet's vital marine resources.
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2. HISTORICAL DEVELOPMENT
The regulation of maritime affairs is deeply rooted in human history, stretching back to ancient
civilizations where coastal states asserted their authority over adjacent waters. From the
Phoenicians to the Greeks and Romans, maritime trade and navigation were vital aspects of
early societies. However, formalized legal frameworks governing the seas did not emerge until
much later. It wasn't until the 20th century that concerted efforts were made to establish a
comprehensive legal framework for the oceans on an international scale. The catalyst for this
development was the increasing importance of maritime activities, including trade, fishing, and
naval operations, which highlighted the need for clear rules and regulations to govern these
activities and resolve disputes.
The first significant milestone in this process was the convening of the United Nations
Conference on the Law of the Sea (UNCLOS) in 1958. This conference resulted in the adoption
of the United Nations Convention on the Law of the Sea (UNCLOS I), which aimed to codify
existing customary international law related to the oceans and address emerging issues.
UNCLOS, It addressed several critical issues, including the definition of territorial waters, the
rights of coastal states, and the regime governing the high seas. It affirmed the principle that
coastal states have sovereignty over their territorial waters, extending up to 12 nautical miles
from their baselines, and established the concept of the high seas as areas beyond national
jurisdiction. While UNCLOS I represented an important step forward in the development of
international maritime law, it was recognized that further negotiations were necessary to
address remaining gaps and emerging challenges. As a result, efforts continued over the
following decades to refine and expand the legal framework for the oceans.1
These efforts culminated in the adoption of the United Nations Convention on the Law of the
Sea in 1982 (UNCLOS III), which is widely regarded as the most comprehensive and
authoritative instrument governing the law of the sea. UNCLOS III built upon the foundation
laid by its predecessors and addressed a wide range of issues, including territorial sovereignty,
maritime boundaries, navigational rights, marine environmental protection, and resource
management. UNCLOS III represented a significant achievement in international diplomacy,
reflecting the collective efforts of the international community to establish a rules-based regime
1
Aditya Agrawal, “Development of the Law of the Sea” Legal Service India.Com.
4
2
for the oceans that balances the interests of coastal states, maritime users, and the global
community as a whole. Its adoption marked a turning point in the history of maritime law and
has since served as the primary legal framework for regulating human activities in the world's
oceans. the historical development of the Law of the Sea reflects the evolving needs and
challenges of maritime governance throughout human history. From ancient times to the
modern era, efforts to establish a comprehensive legal framework for the oceans have been
driven by the recognition of the importance of the seas to human civilization and the need to
ensure their sustainable use and protection for future generations.3
2
Tam Xuan Song, “The Historical Development of International Law of the Sea” International Journal for
Empirical Education and Research.
3
Obugheni William Arugu and Benibo Fredrick Anabraba, “The History and Development of the Law of the
Sea” Research Gate (2023).
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3. KEY PRINCIPLES OF UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS), often hailed as the
"constitution for the oceans," encapsulates a comprehensive framework governing the rights
and responsibilities of states in maritime affairs. UNCLOS addresses a broad spectrum of
issues, from territorial sovereignty to environmental protection, aiming to ensure the
sustainable and equitable use of the world's oceans. Among its key principles are:
• Territorial Sovereignty
Coastal states are granted the right to establish territorial waters extending up to 12
nautical miles from their baselines. Within these territorial seas, coastal states exercise
full sovereignty, meaning they have exclusive jurisdiction over these waters. This
sovereignty allows states to regulate and enforce laws within their territorial waters,
including customs, immigration, and environmental regulations. Territorial sovereignty
is a fundamental principle under UNCLOS, reaffirming the sovereign rights of coastal
states over their adjacent waters.
• Exclusive Economic Zones (EEZs)
Beyond the territorial sea, coastal states have jurisdiction over an Exclusive Economic
Zone (EEZ) extending up to 200 nautical miles from their baselines. Within this zone,
coastal states have exclusive rights to explore, exploit, conserve, and manage both
living and non-living natural resources. This includes fisheries, minerals, and oil and
gas reserves. While coastal states have exclusive rights within their EEZs, other states
enjoy the freedom of navigation and overflight through these zones, subject to the
coastal state's rights and duties under UNCLOS. The establishment of EEZs under
UNCLOS has been instrumental in clarifying maritime jurisdiction and promoting
cooperation in resource management.
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• Freedom of Navigation
UNCLOS upholds the principle of freedom of navigation and overflight in the high
seas, which are areas beyond the jurisdiction of any single state. The high seas, also
known as the "common heritage of mankind," are open to all states and are vital for
international trade and commerce. UNCLOS guarantees that ships of all states enjoy
the freedom to navigate through and fly over the high seas without interference, subject
to certain limited exceptions under international law. This principle fosters connectivity
and promotes the peaceful use of the world's oceans for the benefit of all nations.
• Marine Environmental Protection
Recognizing the importance of preserving the marine environment, UNCLOS contains
provisions aimed at preventing pollution and conserving marine resources. States are
obligated to take measures to prevent, reduce, and control pollution from ships,
including oil spills and marine debris. Additionally, states are required to conserve and
manage marine living resources sustainably, ensuring their long-term viability.
UNCLOS emphasizes the principle of cooperation in environmental protection,
encouraging states to work together to address transboundary issues and promote
marine conservation efforts. The inclusion of environmental protection provisions in
UNCLOS reflects the growing recognition of the interconnectedness of human
activities and the marine environment, highlighting the need for collective action to
safeguard our oceans for future generations.4
the key principles of UNCLOS form the cornerstone of international maritime law, providing
a comprehensive framework for the governance of the world's oceans. By upholding principles
such as territorial sovereignty, exclusive economic zones, freedom of navigation, and marine
environmental protection, UNCLOS seeks to promote cooperation, stability, and sustainability
in maritime affairs. As the global community faces evolving challenges in ocean governance,
adherence to the principles of UNCLOS remains essential in ensuring the peaceful and
sustainable use of our shared marine resources.
4
Samiur R a H M a N Zaki, “Fundamental Principles Governing the International Law of the
Sea.” Academia.Edu (2018).
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4. DISPUTE RESOLUTION MECHANISMS
In the realm of maritime law, disputes between nations over various aspects of the seas have
been historically common. These disputes can arise over issues such as maritime boundaries,
navigation rights, exploitation of marine resources, and environmental protection measures.
Without proper mechanisms for resolution, such disputes could escalate into conflicts with far-
reaching consequences. Recognizing the importance of maintaining peace and stability in
maritime areas, the United Nations Convention on the Law of the Sea (UNCLOS) includes
provisions for the peaceful settlement of disputes among member states. One of the most
significant contributions of UNCLOS is its establishment of mechanisms for the peaceful
resolution of maritime disputes. These mechanisms are designed to provide a forum for states
to resolve their differences through dialogue, negotiation, and, if necessary, third-party
adjudication. The Convention outlines several dispute settlement procedures, including
arbitration and adjudication by the International Court of Justice (ICJ).
Arbitration is a widely used method of dispute resolution under UNCLOS. It involves the
appointment of an impartial tribunal to hear the arguments of the disputing parties and render
a binding decision. The tribunal may consist of one or more arbitrators, depending on the
complexity of the case. Arbitration proceedings are conducted in accordance with the rules and
procedures set forth in UNCLOS and any relevant agreements between the parties.
Adjudication by the ICJ is another important dispute resolution mechanism provided for in
UNCLOS. The ICJ is the principal judicial organ of the United Nations and has jurisdiction to
hear disputes between states concerning the interpretation or application of international law,
including UNCLOS. Parties to a dispute may submit their case to the ICJ for adjudication, and
the court's judgment is final and binding on the parties.
These dispute resolution mechanisms have been instrumental in resolving conflicts over issues
such as maritime boundaries and the interpretation of treaty provisions. For example, in the
case of the Maritime Delimitation in the Black Sea (Romania v. Ukraine), the ICJ was called
upon to determine the boundary between the two states' respective maritime zones. The court
carefully examined the relevant provisions of UNCLOS and other relevant international law
and ultimately rendered a judgment that provided clarity and stability to the disputed area.
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In addition to arbitration and adjudication by the ICJ, UNCLOS also provides for other means
of dispute resolution, including negotiation, mediation, and conciliation. These methods allow
parties to resolve their differences through mutual agreement with the assistance of a neutral
third party.
the dispute resolution mechanisms established by UNCLOS play a vital role in maintaining
peace and stability in maritime areas. By providing a framework for the peaceful settlement of
disputes, UNCLOS helps to prevent conflicts that could have serious consequences for
international peace and security. These mechanisms demonstrate the commitment of the
international community to the rule of law and the peaceful resolution of disputes through
dialogue and cooperation.5
5 Trupti Shetty, “A Comprehensive Analysis of Unclos Dispute Resolution Mechanisms” Viamediationcentre.
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5. CONTEMPORARY CHALLENGES
Despite the progress made through UNCLOS, the Law of the Sea faces a myriad of challenges
in the 21st century, reflecting the evolving nature of maritime activities and global dynamics.
These challenges encompass a wide range of issues, from environmental concerns to security
threats, each requiring concerted international efforts for resolution and mitigation.
• Illegal Fishing
One of the foremost challenges confronting the Law of the Sea is the rampant issue of
illegal, unreported, and unregulated (IUU) fishing. This illicit practice poses a severe
threat to marine ecosystems and the livelihoods of coastal communities worldwide.
IUU fishing leads to the depletion of fish stocks, undermining the sustainability of
fisheries and exacerbating food insecurity in vulnerable regions. The root causes of IUU
fishing are multifaceted, often involving factors such as inadequate regulation, lax
enforcement, and economic incentives. Combatting IUU fishing requires a
comprehensive approach that addresses both the supply and demand sides of the
problem. This entails strengthening maritime governance frameworks, enhancing
monitoring and surveillance capabilities, and promoting sustainable fishing practices.
International cooperation and coordination are paramount in tackling IUU fishing
effectively. States must collaborate through regional and global mechanisms to share
information, harmonize regulations, and facilitate joint enforcement actions.
Additionally, capacity-building initiatives aimed at improving the enforcement
capabilities of developing countries are essential for combating IUU fishing on a global
scale.
• Maritime Security
The proliferation of maritime security threats poses another significant challenge to the
Law of the Sea in the contemporary era. Piracy, terrorism, arms smuggling, and other
illicit activities threaten the safety and security of maritime navigation and undermine
the stability of coastal states and international trade routes. Piracy, in particular, remains
a persistent menace in several maritime regions, disrupting commercial shipping and
endangering the lives of seafarers. While concerted international efforts have led to a
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decline in piracy incidents in some areas, the threat persists, evolving in response to
countermeasures and exploiting vulnerabilities in maritime security frameworks.
Moreover, the specter of maritime terrorism looms large, with non-state actors seeking
to exploit maritime routes for illicit purposes, including the transportation of weapons,
drugs, and illicit funds. Addressing maritime security challenges requires a multifaceted
approach encompassing legal, operational, and capacity-building measures. States must
enhance their maritime law enforcement capabilities, bolstering patrols, surveillance,
and intelligence-sharing mechanisms to combat maritime threats effectively. At the
same time, international cooperation and coordination are essential for addressing the
transnational nature of maritime security challenges and ensuring the integrity of
maritime domains worldwide.
• Climate Change
The impacts of climate change pose significant challenges to coastal states and island
nations, affecting marine ecosystems, coastal communities, and maritime activities.
Rising sea levels, ocean acidification, changing weather patterns, and extreme weather
events are among the manifestations of climate change that threaten the sustainability
and resilience of marine environments. Coastal areas are particularly vulnerable to the
adverse effects of climate change, facing risks such as coastal erosion, inundation, and
loss of biodiversity. Small island developing states (SIDS) are especially susceptible,
grappling with existential threats to their territorial integrity and socio-economic
stability. Adapting to the impacts of climate change and mitigating its effects on marine
ecosystems require concerted international action. States must prioritize climate
resilience in maritime planning and resource management, integrating climate
considerations into policies and strategies for coastal development and marine
conservation. Furthermore, reducing greenhouse gas emissions and addressing the root
causes of climate change are crucial for safeguarding the long-term health and integrity
of the world's oceans. The implementation of the Paris Agreement and other
international initiatives aimed at mitigating climate change is essential for preserving
marine ecosystems and ensuring the sustainability of maritime activities in the face of
mounting environmental challenges.
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the contemporary challenges facing the Law of the Sea underscore the need for enhanced
international cooperation, coordination, and collective action. Addressing issues such as illegal
fishing, maritime security threats, and climate change requires a holistic approach that
transcends national boundaries and encompasses the shared interests and responsibilities of the
global community. Only through concerted efforts can we effectively safeguard the oceans and
marine resources for present and future generations.6
6
Anjali Rautela, “New Challenges to the Law of the Sea” 4 A Creative Connect International Publication 24
(2018).
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CONCLUSION
The Law of the Sea, as a pivotal branch of Public International Law, has undergone significant
development throughout history, culminating in the establishment of comprehensive legal
frameworks such as the United Nations Convention on the Law of the Sea (UNCLOS).
UNCLOS represents a landmark achievement in international law, codifying principles and
rules governing maritime affairs and promoting cooperation among nations. Its key principles,
including territorial sovereignty, exclusive economic zones, freedom of navigation, and marine
environmental protection, form the cornerstone of international maritime law, ensuring the
sustainable and equitable use of the world's oceans. The historical evolution of the Law of the
Sea reflects the evolving needs and challenges of maritime governance, from ancient
civilizations to the modern era. Efforts to establish a comprehensive legal framework for the
oceans have been driven by the recognition of the importance of the seas to human civilization
and the need to ensure their sustainable use and protection for future generations.
Despite the progress made through UNCLOS, the Law of the Sea faces contemporary
challenges in the 21st century. Illegal fishing, maritime security threats, and climate change
pose significant risks to marine ecosystems, coastal communities, and maritime activities
worldwide. Addressing these challenges requires enhanced international cooperation,
coordination, and collective action. Efforts to combat illegal fishing must focus on
strengthening maritime governance frameworks, enhancing monitoring and surveillance
capabilities, and promoting sustainable fishing practices. Maritime security threats necessitate
a multifaceted approach encompassing legal, operational, and capacity-building measures, as
well as international cooperation and coordination. Climate change requires prioritizing
climate resilience in maritime planning and resource management, reducing greenhouse gas
emissions, and implementing international initiatives aimed at mitigating its effects.
In conclusion, the Law of the Sea plays a crucial role in regulating human activities in the
oceans and ensuring the sustainable use of marine resources. UNCLOS provides a
comprehensive framework for addressing the rights and responsibilities of states in maritime
areas, but its effectiveness depends on widespread adherence and enforcement. As the global
community faces new challenges such as climate change and maritime security threats, it is
essential to uphold the principles of UNCLOS and strengthen international cooperation in
ocean governance. Only through collective action can we safeguard the health and integrity of
the world's oceans for future generations.
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