Download The United Nations Convention on the Law of the Sea (UNCLOS

The United Nations Convention
on the Law of the Sea
(UNCLOS): implications for
marine pollution prevention
efforts
in Malaysia
Outline of presentation
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UNCLOS: History and introduction
Nation States and UNCLOS
UNCLOS: Key Concepts
Maritime Zones and Jurisdiction
UNCLOS
Part XII
UNCLOS and Agenda 21
Gaps in Implementation
UNCLOS: History and Introduction
• The present UNCLOS is the culmination of over
14 years of work beginning with the concept of
Common Heritage of Mankind in 1967, through
the Third UN Conference on the Law of the Sea
in 1973 and finally completed and opened for
signing on 10 December 1982 in Montego Bay,
Jamaica. It presents a legal framework upon
which the management of the global oceans
could be carried out. In a way
UNCLOS is a “Constitution of the Seas
Nation States and UNCLOS
• UNCLOS establishes the international norms which
nation states should adhere to when managing the seas
of the world.
• This is done by detailing the obligations,
responsibilities, rights, duties, liabilities and limitations
of a nation state in the context of sea use and
management.
• It came into force on 16 November 1994.
• As of November 1997, 122 countries have
become party to UNCLOS.
Nation States and UNCLOS
• Malaysia ratified UNCLOS on 14 October 1996.
UNCLOS came into force for Malaysia on 13
November 1996
UNCLOS: Key features
• UNCLOS is based on the notion of apportioning
jurisdiction based on maritime zones and
jurisdiction.
• UNCLOS also introduces and applies several
concepts in the governance of the seas such as
innocent passage, transit passage, archipelagic state,
pollution prevention and straits used for
international navigation.
• Most importantly UNCLOS divides the sea
into maritime zones and jurisdiction.
UNCLOS at a glance
• UNCLOS comprise of 17 parts, 320 articles and
nine annexes.
• Part I - Introduction
• Part II - Territorial Sea and Contiguous Zone
• Part III - Straits Used for International Navigation
• Part IV - Archipelagic States
• Part V - Exclusive Economic Zone
• Part VI - Continental shelf
• Part VII - High seas
UNCLOS at a glance
• Part VIII - Regime of islands
• Part IX - Enclosed and semi-enclosed seas
• Part X - Right of access of land-locked states to and
from the sea and freedom of transit
• Part XI - The area
• Part XII - Protection and preservation of the marine
environment
• Part XIII - Marine scientific research
• Part XIV - Development and transfer of
marine technology
UNCLOS at a glance
• Part XV - Settlement of disputes
• Part XVI - General provisions
• Part XVII - Final provisions
UNCLOS: Maritime Zones and Jurisdiction
• Internal waters - waters immediately adjacent to the
territory of the coastal states and include ports,
roadsteads and waters lying between low water mark
and shore. State has total sovereignty but UNCLOS
allows for innocent passage.
• Territorial waters - areas up to 12 nautical miles
from baselines. States has sovereignty over the
water, airspace, sea bed and subsoil. UNCLOS
however allows for vessels to traverse the territorial
waters of a country under the innocent passage
regime.
UNCLOS: Maritime Zones and Jurisdiction
• Contiguous zone - sea area adjacent to territorial sea
but not more than 24 nautical mile from baseline.
States may enact law to prevent infringement of its
customs, fiscal or sanitary laws similar to those
applied in the territorial sea.
• Exclusive economic zone - area adjacent to the
territorial sea up to 200 nautical miles. States have
sovereign rights over exploration, exploitation,
management and conservation of resources.
UNCLOS: Maritime Zones and Jurisdiction
• In the EEZ States also has jurisdiction over
establishment and use of artificial islands,
installations and structures, marine scientific
research and the protection and preservation of the
environment.
• Continental shelf - natural prolongation of the land
territory up to 200 nautical mile or not exceeding
350 nautical miles. States have the right to explore
for and exploit minerals on the continental shelf.
UNCLOS: Maritime Zones and Jurisdiction
• High seas - areas not included in the territorial
waters, contiguous zone and EEZ. The high seas are
open to all States and are free from any territorial
sovereignty. Five types of freedoms are provided to
States in the high seas: navigation, fishing, laying of
submarine cables and pipelines, overflight, marine
scientific research, and construction of artificial
islands and other installations.
Part XII: Preservation and Protection of
the Marine Environment
• The core of Part XII’s provisions is the call for
States to take “Measures to prevent, reduce and
control pollution of the marine environment”.
• The measures are to be taken individually or jointly
to prevent marine pollution from all sources
including vessels, land-based sources, dumping and
installations on the sea-bed as well as in the marine
environment.
• Part XII also mentioned the need to protect the
the environment from exotic species.
Part XII: Preservation and Protection of
the Marine Environment
• International and regional cooperation features
prominently in Part XII and includes areas such as
notification, contingency planning and research.
• States are also required to closely monitor the
effects of pollution on the marine environment.
• In implementing Part XII, States are required to
establish national laws to prevent pollution from all
sources. These laws include laws to be enforced by
flag states, port states and coastal states where
vessel-based pollution is concerned.
Part XII: Preservation and Protection of
the Marine Environment
• However Part XII states that only monetary
penalties could be imposed on vessels found
polluting in areas beyond the territorial sea.
• In territorial sea areas a “willful and serious act of
pollution” could be punished with monetary and
other penalties.
• Enforcement however should not result in damage
or loss to the vessels concerned as States may be
held liable for loss and damages as a result of
enforcement.
UNCLOS and Agenda 21
• There is a close link between UNCLOS and the
Agenda 21 document. Part XII for example relates
closely to the Chapter 17 of Agenda 21 on
protection of the marine environment.
• As a result of UNCLOS and Agenda 21, several new
instruments have been put in place at the global
level to address marine pollution. These instruments
include the Global Programme of Action for landbased pollution and the recent convention on
Persistent Organic Pollutants (POPs).
Gaps in implementation
• In general, Malaysia has complied with most of the
provisions of Part XII. However some gaps remain
in the implementation Part XII. These gaps are:
1.Lack of regional instrument for the prevention of
marine pollution as stipulated in Article 195.
2.Lack of knowledge and information on the control
of the introduction of exotic or alien species into
Malaysian waters. Article 196.
3.Need for comprehensive national programme
for the prevention of land-based pollution.
Gaps in implementation
Article 207.
4.No national legislation on dumping. Article 210.
Need to review decision not to ratify London
Convention 1971.
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