Introduction

• The United Nations Convention on the Law of the Sea (UNCLOS) is the primary international legal framework governing the use, management, and protection of oceans and marine resources. 
• Adopted in 1982, it consolidated fragmented maritime laws into a single, comprehensive treaty, providing clarity on maritime zones, navigation rights, resource exploitation, environmental obligations, and dispute settlement
• UNCLOS seeks to balance coastal state sovereignty with the principle of freedom of the seas.
• UNCLOS defines the rights, duties, and responsibilities of states with respect to ocean spaces. It establishes legal order over maritime areas to promote peaceful use of seas, equitable resource sharing, environmental protection, and stability in international relations. 

Historical Evolution of the Law of the Sea

Pre-UNCLOS Period

• Traditional maritime law followed the doctrine of freedom of the seas, limiting state control to a narrow coastal belt.
• Beyond this zone, oceans were considered global commons.
• Technological advances and resource discoveries led states to extend maritime claims.

Mid-20th Century Developments

• In 1945, the United States asserted rights over continental shelf resources.
• Latin American states expanded maritime claims to protect fishing zones.
• Overlapping claims created legal uncertainty and disputes.

UN Conferences on the Law of the Sea

• UNCLOS I (1958) codified rules on territorial seas, high seas, and continental shelf but left gaps.
• UNCLOS II (1960) failed to resolve disputes on the breadth of territorial waters.
• UNCLOS III (1973–1982) resulted in the adoption of UNCLOS, creating a unified legal regime.

Key Features of UNCLOS

Maritime Zonation

• Establishes clearly defined maritime zones measured from baselines.
• Assigns specific rights and obligations to coastal and other states in each zone.

Exclusive Economic Zone (EEZ)

• Coastal states enjoy sovereign rights up to 200 nautical miles for resource exploration and exploitation.
• Other states retain freedoms of navigation and overflight.

Continental Shelf Regime

• Recognises coastal state rights over seabed resources beyond territorial waters.
• Allows extension beyond 200 nautical miles subject to scientific validation.

Navigation Rights

• Guarantees innocent passage through territorial waters.
• Provides transit passage through international straits.
• Protects freedom of navigation on the high seas.

Environmental Protection

• Obligates states to prevent marine pollution.
• Promotes conservation of living marine resources.

Major Institutions Established under UNCLOS

International Tribunal for the Law of the Sea (ITLOS)

• Judicial body for settlement of maritime disputes.
• Deals with issues such as boundary disputes, detention of vessels, and interpretation of UNCLOS provisions.

International Seabed Authority (ISA)

• Regulates exploration and exploitation of mineral resources in the international seabed area.
• Ensures that seabed resources are treated as the common heritage of mankind.

Commission on the Limits of the Continental Shelf (CLCS)

• Examines scientific claims for extending continental shelves beyond 200 nautical miles.
• Provides technical recommendations to coastal states.

Maritime Zones under UNCLOS

Baseline

• Reference line from which maritime zones are measured.
• Usually the low-water line along the coast.

Internal Waters

• Waters landward of the baseline.
• Full sovereignty of the coastal state.

Territorial Sea

• Extends up to 12 nautical miles.
• Coastal state exercises sovereignty, subject to innocent passage.

Contiguous Zone

• Extends up to 24 nautical miles from baseline.
• Enforcement of customs, immigration, fiscal, and sanitary laws permitted.

Exclusive Economic Zone

• Extends up to 200 nautical miles.
• Coastal state has exclusive resource rights.

Continental Shelf

• Seabed extending to the outer edge of continental margin.
• Rights limited to seabed resources.

Significance of UNCLOS

Legal and Political Significance

• Prevents maritime conflicts through clear rules.
• Strengthens rule-based international order.

Economic Significance

• Facilitates regulated exploitation of marine resources.
• Supports fisheries, hydrocarbons, and deep-sea mining.

Environmental Significance

• Encourages sustainable use of oceans.
• Provides a legal basis for marine conservation.

Strategic Significance

• Protects navigation routes critical for global trade.
• Important for naval mobility and maritime security.

UNCLOS and India

India’s Role

• Active participant in UNCLOS negotiations.
• Ratified the Convention in 1995.

Maritime Interests

• India has sovereign rights over its EEZ and continental shelf.
• Engaged in deep-sea mineral exploration under ISA contracts.

Maritime Neighbours

• India shares maritime boundaries with countries in the Indian Ocean region including Sri Lanka, Maldives, Bangladesh, Myanmar, Indonesia, and Pakistan.

Conclusion

UNCLOS represents one of the most comprehensive and successful international legal frameworks, balancing national interests with global commons. By codifying maritime rights, promoting peaceful dispute resolution, and ensuring sustainable use of ocean resources, it has become the backbone of modern ocean governance. In an era marked by maritime competition, environmental stress, and strategic rivalry, effective adherence to UNCLOS remains essential for stability, cooperation, and equitable development of the world’s oceans.