Law of the sea
The Law of the Sea refers to a framework of international agreements that govern activities and rights at sea, encapsulated primarily in the Law of the Sea Treaty, which was signed in 1982 and implemented in 1994. Rather than being a single law, it is a collection of principles and regulations agreed upon by nations, promoting a balance between the freedom of the seas and national interests. Central to this framework is the concept of the "freedom of the seas," which allows all nations to utilize the oceans while respecting each other’s rights. Key provisions of the treaty include the establishment of territorial seas extending 12 nautical miles from a nation’s shore, as well as exclusive economic zones (EEZs) of up to 200 nautical miles, where coastal nations hold rights to exploit natural resources.
The treaty also addresses issues related to scientific research and deep-sea mining, facilitating international cooperation while requiring nations to share revenues and technology from deep-sea resources. Despite the voluntary nature of compliance and some unresolved issues, most maritime nations recognize and adhere to many provisions outlined in the treaty. Historical events, such as the Truman Proclamation and earlier Geneva Conferences, laid the groundwork for these agreements, highlighting the evolving nature of maritime law amid competing national interests and global resource management concerns.
Law of the sea
The Law of the Sea Treaty of 1982 was designed to help ensure and maintain the peaceful use of the seas for all nations. Its signatories hoped to accomplish this goal by standardizing and regulating areas of potential conflict between nations. Some important areas covered by this treaty include ship safety, mineral exploration and exploitation, and environmental protection.
Background
The phrase “law of the sea” implies that activities at sea, like those on land, are subject to the rule of law and that compliance with the law is mandatory and enforced. In fact, the law of the sea is not a law but an agreement among nations. The Law of the Sea Treaty, signed December 10, 1982, and implemented November 24, 1994, set standards and regulations on all activities at sea and established clear lines of national jurisdiction. Compliance to the treaty is voluntary, and there is no provision in the agreement for its enforcement. Despite the apparent weaknesses of such an agreement, most nations have complied because the law of the sea is based on a fundamental principle on which all nations can agree: the freedom of the seas.
Early Concepts
As long as there have been ships, there has been some concept of freedom of the seas. While there were no written rules, a spirit of cooperation among mariners existed during times of peace. By the seventeenth century, the Dutch had begun global maritime trade, and their economy was dependent on free access to the seas. In 1609, Hugo Grotius, a Dutch lawyer, was asked to codify the concept of freedom of the seas. Grotius produced a large treatise on the law of the seas entitled Mare Liberum (1609). This work established the “freedom of the seas” as a concept based on law. Grotius concluded that all nations could use the oceans provided they did not interfere with one another’s use. This first attempt at a law of the sea recognized three divisions of the seas: internal waters, territorial seas, and the high seas. Grotius maintained that a nation had sovereignty over internal and territorial seas but that the high seas were open to all. This concept of the law of the sea survived into the twentieth century.
The Truman Proclamation
In 1947, US geologists advised President Harry S. Truman about the potential of large oil on the continental shelf. To protect these resources, Truman declared that all resources of the continental shelf belonged exclusively to the United States. This became known as the Truman Proclamation. The decree had broad international implications, with many nations issuing similar edicts regarding the continental shelf.
The Geneva Conferences
Because of increased economic and military activity at sea, some formal agreement regarding the use of the oceans was needed to ensure peace. In 1958 and again in 1960, conferences on the law of the sea were convened in Geneva. The representatives drafted and ratified a treaty that included many basic issues on which there was wide agreement. Two points included in the treaty were particularly important. The depth limit of the continental shelf was limited by treaty to 200 meters. This depth limit included an “exploitability clause,” however, whereby a nation could exploit ocean resources below 200 meters on adjacent seafloor if it had the technology to do so. Such a concept was favorable to the industrial nations and placed developing nations at a disadvantage.
After 1960, many formerly colonial countries received independence; these were primarily nonindustrial states. They feared that the ocean’s resources would be exploited by the industrial nations. So great was the fear that, in 1967, the nation of Malta proposed to the United Nations that a treaty be developed to reserve the economic resources of the seafloor. The Maltese ambassador, Arvid Pardo, further declared that the ocean floor should be reserved for peaceful uses alone and that the ocean resources were the “common heritage of all mankind.”
The Third Law of the Sea Conference
The Third Law of the Sea Conference convened in 1973 and continued to meet until 1982. The major result of this conference was the Law of the Sea Treaty dealing with boundary issues, economic rights of nations, rights of passage through straits, the freedom of scientific research, and the exploitation of ocean-floor resources.
The Law of the Sea Treaty established the width of the territorial sea at 12 nautical miles. This could be modified to allow passage of ships through narrow straits critical to international commerce. Territorial sea fell under the direct jurisdiction of the adjacent nation, and that nation could enforce its laws and regulate the passage of ships through the territory. Beyond the territorial limit, a coastal nation or any inhabitable land could also declare an exclusive economic zone (EEZ) of 200 nautical miles. The EEZ is open to ships of all nations, but the resources within it can be exploited only by the nation declaring the EEZ.
Deep Sea Mining and Resource Use
The Law of the Sea Treaty established regulations on scientific research in the oceans. While the freedom of scientific research in the open ocean is universally recognized, investigations in a nation’s territorial seas and EEZ require the permission of that nation. The treaty also governs the mining of deep sea resources. In certain locations on the deep seafloor, there are nodules of manganese, cobalt, nickel, and copper. Exploitation of these resources requires a highly advanced and expensive technology. Such requirements place developing nations at a disadvantage. The Law of the Sea Treaty attempts to address this problem. Any group wishing to mine the deep seafloor must declare its intent to do so and state the geographic location of the mining operation. Then, an international authority grants permission to mine. All revenues from a successful mining operation on the deep seafloor must be shared among the nations of the world. Further, the technology used to mine the deep seafloor must be shared with all nations.
The Law of the Sea Treaty leaves many issues unresolved and others open to multiple interpretations. Despite areas of disagreement, however, most maritime nations adhere to the majority of the provisions of the Law of the Sea Treaty.
Bibliography
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"What Is the Law of the Sea?" National Ocean Service, NOAA, 16 June 2024, oceanservice.noaa.gov/facts/lawofsea.html. Accessed 23 Dec. 2024.