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Journal of Energy & Natural Resources Law Volume 2, 1984 - Issue 4
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Original Articles

The UN Convention on the Law of the Sea 1982

E. D. Brown Professor of International Law, in the University of Wales; Director Centre for Marine Law and Policy, U.W.I.S.T., Cardiff.
Pages 258-281 | Published online: 08 Jun 2015

  • The official text of the U.N. Convention on the Law of the Sea, 1982 is published in United Nations, The Law of the Sea (U.N., New York, 1983, Sales No. E.83.V.5) and by HMSO as Misc. No. 11 (1983), Cmnd. 8941.
  • UN Doc. A/CONF.13/L.52-L.55, or HMSO, Misc. No. 15 (1958), Cmnd. 584.
  • The ILC's final report on the law of the sea, including draft articles and commentary thereon, is included in the Report of the International Law Commission covering the work of its eighth session, 23 April-A July 1956, in II Yearbook of the International Law Commission 1956, pp. 253–302.
  • UNCLOS I met in Geneva from February 24 to April 27, 1958. See further United Nations Conference on the Law of the Sea, Official Records, Vols. I-VII (A/CONF. 13/37-43).
  • Loc.cit. note 2.
  • Optional Protocol of Signature Concerning the Compulsory Settlement of Disputes, adopted at UNCLOS I, 29 April 1958, in S. Houston Lay et al. (eds.), New Directions in the Law of the Sea, Vol. I, 1973, pp. 268–269.
  • U.N. Convention, Art. 309.
  • U.N. Convention, Part XV. Settlement of Disputes.
  • U.N. Convention, Preamble, fifth para.
  • Ibid, sixth para.
  • Ibid, third para.
  • UNCLOS III, Rules of Procedure, A/CONF.62/30/Rev.3, Rule 37 and appended Declaration incorporating “Gentleman's Agreement.”
  • U.N. Press Release SEA/494 (Round-up of Session), April 30, 1982, p. 1.
  • U.N. Press Release L/T/3527, October 20, 1983.
  • U.N. Convention, Arts. 305(2) and 307.
  • Ibid. Art. 308.
  • U.N. Press Release SEA/526, March 14, 1984, updated from other sources. The nine States are Bahamas, Belize, Egypt, Fiji, Ghana, Ivory Coast, Jamaica, Mexico and Zambia.
  • Vienna Convention on the Law of Treaties, 1969, U.K. Treaty Series No. 58 (1980), Cmnd. 7964, Art. 18.
  • UNCLOS III, Resolution I on the Establishment of the Preparatory Commission for the International Sea-bed Authority and for the International Tribunal for the Law of the Sea (The Law of the Sea, loc.cit. note 3, at p. 175), para. 2. For a detailed examination of the Commission, see further E.D. Brown, “Seabed mining. From UNCLOS to PrepCom” (1984) 8 Marine Policy 151–162.
  • Resolution I, Para. 2.
  • U.N. Convention, Art. 308(1).
  • See further below, text, at note 66.
  • See Appendix.
  • Ibid.
  • For a detailed analysis, see E. D. Brown, Sea-Bed Energy and Mineral Resources and the Law of the Sea, Vol. 1: The Area Within National Jurisdiction (1984), Chap. 4.
  • See further ibid. Chap. 4. 1.3.
  • “Area” is defined by U.N. Convention, Art. 1(1) as meaning “the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.” U.N. Convention, Art. 136. See further Part III below.
  • U.N. Convention, Art. 136.
  • The “Authority” is established by U.N. Convention, Art. 156.
  • U.N. Press Release SEA/425, March 4, 1981, at p. 23.
  • For a full analysis, see Brown, op. cit. note 25, Chap. 6.
  • North Sea Continental Shelf, Judgment, I.C.J. Reports 1969, p. 3. See further, Brown, op. cit. note 25, Chaps. 6–8 for analysis of this and subsequent judgments.
  • U.N. Convention, Art. 298(l)(a)(ii). See further Brown, op. cit. note 25, Chap. 10.1.4.
  • Continental Shelf (Tunisia/Libyan Arab Jamahiriya), Judgment, I.C.J. Reports 1982, p. 18. See further Brown, op. cit. note 25, Chap. 8.
  • See further E. D. Brown, “Rockall and the limits of national jurisdiction of the U.K.,” 2 Marine Policy (Nos. 3, July and 4, October 1978), pp. 181–211 and 275–303.
  • See Annex for text.
  • Ibid.
  • Ibid.
  • Ibid.
  • U.N. Convention, Art. 58(1).
  • See Annex for text.
  • Ibid.
  • For text of Art. 5(5), see Annex.
  • UNCLOS III Official Records, Vol. XV, p. 20.
  • Memorandum Issued by the Collegium on Changes Incorporated in the Draft Convention, A/CONF.62/L.93, 2 April 1982, pp. 2–3.
  • This criterion for incorporation in the Draft Convention was adopted by a Conference decision recorded in A/CONF.62/62.
  • This text combines that reproduced at note 44 with the final text of Art. 60(3).
  • Statement by Mr. J. E. Powell-Jones in Plenary, April 15, 1981, loc. cit. note 44, emphasis added.
  • In a recent paper (“The North Sea—Statement on Hydrographic Knowledge,” in D. C. Watt (ed.), The North Sea: A New International Regime? (1981), p. 155, at pp. 156–160), the Hydrographer of the Navy reported that his Department held records of over 7350 wrecks within the North Sea between latitudes 51°N, and 63°N and west of 6°E. Many of them were “cleared” by explosive charges after World War II to provide what was then regarded as a safe operating depth of 45 feet. The dispersed wreckage is now spread over a wider area at depths critical to the much deeper draught vessels using the area. The exact position and depth are known for only about 2450 of these wrecks.
  • Mr. Chayet, speaking in Plenary on March 31, 1982 (A/CONF.62/SR.161, p. 33).
  • A/CONF.62/L. 106. April 13, 1982.
  • A/CONF.62/SR.170, April 22, 1982, p. 2. A similar position was taken by the Ivory Coast delegation (A/CONF.62/SR.165, p. 8).
  • A/CONF.62/SR.168, April 20, 1982, p. 18.
  • According to statement by delegation of Malaysia recorded in A/CONF.62/SR.166, April 7, 1982, p. 4.
  • Mr. Tiwari, speaking in Plenary on March 30, 1982 (A/CONF.62/SR.159, p. 22).
  • Mr. Lautenschlager, speaking in Plenary on March 31, 1982 (A/CONF.62/SR.161, p. 29).
  • M. H. Nordquist and Choon-ho Park (eds.), Reports of the United States Delegation to the Third United Nations Conference on the Law of the Sea (Law of the Sea Institute, University of Hawaii, Occasional Paper No. 3), 1983, at p. 548. 5S U.N. Convention, Art. 308.
  • As from May 22, 1982 the Intergovernmental Maritime Consultative Organisation (IMCO) changed its name to “International Maritime Organisation” (IMO). 6,1 A/RES/2749 (XXV), December 17, 1970.
  • See further E. D. Brown, “Freedom of the High Seas versus the Common Heritage of Mankind: Fundamental Principles in Conflict,” 20 San Diego L.R. 521–560 (1983).
  • Resolution I (cited in note 19 above) and Resolution II Governing Preparatory Investment in Pioneer Activities Relating to Polymetallic Nodules (Law of the Sea, loc. cit. note 1, at p. 177). See further Brown, loc.cit note 19.
  • See further Brown, “Deep Sea Mining: The Consequences of Failure to Agree at UNCLOS III” (1983) 7 Natural Resources Forum 55–70.
  • For a comparison of the provisions of the Convention with those of unilateral legislation adopted by a number of States, including the U.K.'s Deep Sea Mining (Temporary Provisions) Act 1981, see E. D. Brown, “The Impact of Unilateral Legislation on the Future Legal Regime of Deep-Sea Mining” (1982) 10 Archiv des Völkerrechts 145–182.
  • On which, see further E. D. Brown, “The United Nations Convention on the Law of the Sea: The British Government's Dilemma” (1984) 37 Current Legal Problems.
  • The First Session met from March 15 to April 8, 1983 and from August 15 to September 9, 1983. For a progress report on this session, see Brown, loc.cit. note 19, at pp. 159–162. The Second Session met from March 19 to April 13, 1984.
  • U.N. Information Centre (U.K.), Weekly News Summary, WS/84/14, April 25, 1984, p. 4.
  • Resolution II (loc.cit. in note 62), para. 2.
  • See further Brown, loc.cit. in note 19, at pp. 160–161 and related notes 75 and 76.
  • See further ibid. See also United Nations, Law of the Sea Bulletin, No. 3, March 1984, pp. 35–37, where it is reported that, on January 10, 1984, India submitted an application for registration as a pioneer investor, together with a sealed and locked box containing details of geographical co-ordinates and relevant data and information. By the time this application was received, PrepCom had adopted specific rules to be applied to such applications pending the adoption of rules of procedure (LOS/PCN/27, Annex II, Section 1(d)). Receipt of the application and box was accordingly acknowledged, they were placed in safe custody and PrepCom and its Chairman notified.
  • Loc.cit. note 67.
  • See Brown, articles cited in notes 63 and 64.
  • See further ibid.
  • U.K. Treaty Series No. 46 (1982), Cmnd. 8685; XXI International Legal Materials (1982), pp. 950–962.
  • Preamble.
  • Para. 1.
  • The Schedule, Part II, Para. 9.
  • Para. 4(c) of the Agreement.
  • The writer is indebted to Mr. Terrence Bacon of the Canadian Department of External Affairs for supplying a copy of MOU. A copy was transmitted to the Chairman of PrepCom on April 8, 1983 (Canadian letter of April 28, 1983, LOS/PCN/15, April 29, 1983).
  • Art. 2.
  • Art. 3.
  • Cf. North Sea Continental Shelf, Judgment, I.C.J. Reports 1969, p. 3, at p. 39.
  • See further, E. D. Brown, “The Anglo-French Continental Shelf Case,” 16 San Diego L.R. (1979), pp. 461–530, at pp. 467–470, or Brown, op.cit. note 25, Chap. 7, III.
  • See further, Brown, loc.cit. note 61.
  • See further, ibid, especially at pp. 541–560.
  • Statement made by Bernardo Zuleta at the Australian Mining Industry Council, Minerals Outlook Seminar, “The Law of the Sea—A Model for Global Dialogue,” Canberra, May 12, 1983, Excerpt published in United Nations, Law of the Sea Bulletin, No. 3, March 1984, pp. 5–6, at p. 6.
  • Ibid.
  • For a full account of the positions of the U.K. and U.S.A., see further, Brown, loc.cit. note 65.
  • See further, ibid.

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