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[June Theme Report] UNCLOS: The Law of the Sea

by Fiona Brown | 04-06-2023 02:50




The United Nations convention on the Law of the Sea (UNCLOS) was officially approved in December 1982, the fruit of over 14 years documenting and authorizing all laws and territorial mandates of the ocean (1). This process included collaboration from over 150 countries, culminating in a document that is still in effect today. Some of the purposes of UNCLOS include the determination of territorial ownership of ocean areas, designation of maritime zones along a country¡¯s coastline, protection of natural habitats and defining areas where fishing, mining, and natural exploitation are permitted, and mandates regarding scientific research (2). These procedures are particularly relevant to Canada, as Canada has the longest coastline in the world, bordered by the Atlantic, Pacific and Arctic Oceans (3).

 

One of the main governing bodies of the convention is the International Tribunal for the Law of the Sea, to which disputes and applications in terms of the convention may be submitted. Special chambers (committees) may be formed comprising of three or more Tribunal members, such as the long-standing Seabed disputes chamber, to settle claims and peacefully resolve conflicts. One of the major purposes of UNCLOS is to conserve natural marine ecosystems and protect undersea wildlife as seen in Part 13; Marine Scientific Research, promoting learning and educational initiatives while enforcing protocols to ensure protection of biodiversity. 

 

The mandates enforced in UNCLOS provide an interesting comparison with freshwater conservation. For example, the measuring of territorial zones under UNCLOS is done via low water lines, whereas freshwater watersheds often define protection boundaries of riparian zones along inland rivers, lakes, and other bodies of water via high water marks, where the water line is at its highest point. Through its contributions to defining areas of territorial ownership, encouragement of learning through scientific exploration, and enforcing conservation of marine habitats and wildlife, UNCLOS sets a valuable standard for other regulatory conventions of its kind.

 

Source;

1.   United Nations Conventions on the Law of the Sea. https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

2.   Sovereignty and UNCLOS: Defining Canada¡¯s Extended Continental Shelf. 2019. Government of Canada, Fisheries & Oceans Canada.

https://www.dfo-mpo.gc.ca/science/hydrography-hydrographie/UNCLOS/index-eng.html

3.   Nature-based Climate Solutions. 2023. Government of Canada, Environment & Natural Resources. https://www.canada.ca/en/services/environment/our-environment/nature-based-climate-solutions.html

 

 Photo credit: Fiona Brown