FISHERIES RESOURCE MANAGEMENT;2017-18;Ph.D

1. WEST-BENGAL UNIVERSITY OF
ANIMAL AND FISHERY SCIENCES
SEMINAR-III

2. What is UNCLOS?
 UNCLOS or the United Nation’s Convention on Laws of the Sea was formed to ensure
freedom of shipping navigation at the sea. This allowed ships of one country to move
safely and freely in international waters.
 The convention was opened for signature on 10th Dec 1982 in Montego Bay, Jamaica.
 At the time of adoption, the convention embodied in one instrument traditional rules for
the use of the oceans and at the same time introduced new legal concept and regimes and
address new concerns. This convention provided the framework for further development of
specific areas of the law of the sea.
 The convention entered into force in accordance with its article 308 on 16th Nov,1994.
 Today it comprise 320 articles and 9 annexes, governing all aspects of ocean space, such
as environmental control, marine scientific research, economic and commercial
activities, transfer of technology and settlement of disputes relating to ocean matters.

5. History of UNCLOS
 UNCLOS- I
In 1956, the United Nations held its first Conference on the Law of the Sea
(UNCLOS I) at Geneva, Switzerland.
UNCLOS I resulted in four treaties concluded in 1958:
 Convention on the Territorial Sea and Contiguous Zone, entry into force: 10
September 1964
 Convention on the Continental Shelf, entry into force: 10 June 1964
 Convention on the High Seas, entry into force: 30 September 1962
 Convention on Fishing and Conservation of Living Resources of the High
Seas, entry into force: 20 March 1966
 Although UNCLOS-I was considered a success, it left open the important issue of
breadth of territorial waters.

9.  UNCLOS- II
In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS
II"); however, the six-week Geneva conference did not result in any new agreements.
 UNCLOS- III
 In 1973 the Third United Nations Conference on the Law of the Sea was convened in
New York.
 With more than 160 nations participating, the conference lasted until 1982. The resulting
convention came into force on 16 November 1994, one year after the 60th state, Guyana,
ratified the treaty.
 The convention set the limit of various areas like-
 Exclusive economic zones (EEZ)
 Territorial waters
 Contiguous zone
 Archipelagic waters

13. Rules relating to marine fisheries exploitation
included in the final UNCLOS-III treay
Although UNCLOS is not an environmental treaty, it frequently addresses environmental
concerns. In addition to having an entire section dedicated to the protection and
preservation of the marine environment (Part XII), the treaty also contains numerous
references to environmental duties and obligations throughout its many articles.
 Part XII opens with Article 192: "States have an obligation to protect and preserve
the marine environment."
 This is immediately followed by Article 193: "States have the sovereign right to exploit
their natural resources pursuant to their environmental policies,"
 Article 195 requires nations to "prevent, reduce and control pollution in the marine
environment.”
 Article 196: Use of technologies or introduction of alien or new species

14.  Article 204 requires states to observe and evaluate the risks posed by pollution to the
marine environment
 Article 207 requires nations to "adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from land-based sources Article 207
specifically calls upon nations to regulate pollution that comes into the ocean from rivers,
estuaries, pipelines, and outfall structures, which are the primary sources of land based
pollution in the marine environment.
 Article 210 specifically addresses the issue of dumping and requires nations to enact their
own legislation on the issue.
 The placement of these articles in Part V (governing the EEZ) and Part VII (governing
the high seas) as opposed to Part XII (governing environmental protection) .
 Article 211 requires nations to pass laws and regulations governing pollution from ships
flying the nation's flag and also allows nations to pass laws and regulations aimed at
preventing and controlling pollution from ships that enter both their ports and their
territorial seas.

15.  Article 212 requires nations to adopt laws and regulations to prevent atmospheric
pollution that will result in pollution to the marine environment. UNCLOS does address
enforcement of land-based pollution measures in Article 213 by saying "States shall
enforce their [own] laws and regulations adopted in accordance with Article 207.
 Article 214 :Enforcement with respect to pollution from seabed activities.
 Article 218 give port nations new authority with which they may investigate and, when
sufficient evidence exists, prosecute violations of UNCLOS's prohibitions against
pollution
 Port nations have the authority to enforce their own laws with regards to violations that
occur in their territorial sea and EEZ, pursuant to Article 220(1).
 Article 221: Measures to avoid pollution arising from maritime casualties.
 Article 237. Obligations under other conventions on the protection and preservation
Of the marine environment.
 Article 238: Right to conduct marine scientific research.
 Article 239: Promotion of marine scientific research.

16.  Article 240:General principles for the conduct of marine scientific research
 Article 245:Marine scientific research in the territorial sea.
 Article 246:Marine scientific research in the exclusive economic zone and on the
continental shelf
 Article 247:Marine scientific research projects undertaken by or under the
auspices of international organizations.

17. Conclusion of UNCLOS
 UNCLOS is successful for bringing third parties to the management table
 Facilitate the long run stability of agreement reached to resolve maritime
claims.
 UNCLOS is also effective for preventing the on set of new disagreement over
maritime areas

18. Thank you