Property Regime under UNCLOS
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The United Nations Convention on the Law of the Sea (UNCLOS) establishes a property regime that governs the exploration, exploitation, and conservation of natural resources in different maritime zones. It provides a legal framework for the allocation of rights and responsibilities related to the exploration, exploitation, and protection of natural resources in different maritime zones.
Territorial sea: Coastal states have full sovereignty over the territorial sea extending up to 12 nautical miles (nm) from their baselines. They have exclusive rights to explore, exploit, conserve, and manage the natural resources, both living (fisheries) and non-living (oil, gas, minerals), within this zone.
Exclusive Economic Zone (EEZ): UNCLOS grants coastal states sovereign rights over the resources in their EEZ, which extends up to 200 nm from the baselines. Within this zone, coastal states have the exclusive right to explore and exploit living and non-living resources. They also have jurisdiction to establish and enforce laws and regulations for environmental protection and scientific research.
Continental shelf: Coastal states have sovereign rights over the exploration and exploitation of the natural resources on their continental shelf. The continental shelf refers to the submerged extension of the land territory beyond the territorial sea. The outer limits of the continental shelf are determined based on geological and geophysical criteria, subject to the review of the Commission on the Limits of the Continental Shelf.
High seas: The high seas, beyond any national jurisdiction, are considered the common heritage of mankind. All states have the freedom to explore, exploit, and utilise the resources in the high seas, including living and non-living resources. However, UNCLOS also imposes obligations on states to cooperate in the conservation and management of living resources in the high seas.
International seabed area: UNCLOS establishes the International Seabed Authority (ISA) to manage and regulate activities related to deep-sea mining in the international seabed area, which is beyond national jurisdiction. The ISA ensures the equitable sharing of benefits derived from such activities and establishes rules for the exploitation of mineral resources in the area.
Benefit sharing: UNCLOS promotes the equitable sharing of benefits derived from the exploration and exploitation of marine resources. It emphasises the importance of fair and reasonable access to those resources and the participation of developing countries in the benefits resulting from their utilisation.
Protection of the marine environment: UNCLOS includes provisions for the protection and preservation of the marine environment. States are required to take measures to prevent, reduce, and control pollution from land-based sources, vessels, and activities within their jurisdiction.
The property regime under UNCLOS aims to balance the rights of coastal states to exploit and manage their resources with the shared interests of the international community in the sustainable use and conservation of marine resources.
Territorial sea: Coastal states have full sovereignty over the territorial sea extending up to 12 nautical miles (nm) from their baselines. They have exclusive rights to explore, exploit, conserve, and manage the natural resources, both living (fisheries) and non-living (oil, gas, minerals), within this zone.
Exclusive Economic Zone (EEZ): UNCLOS grants coastal states sovereign rights over the resources in their EEZ, which extends up to 200 nm from the baselines. Within this zone, coastal states have the exclusive right to explore and exploit living and non-living resources. They also have jurisdiction to establish and enforce laws and regulations for environmental protection and scientific research.
Continental shelf: Coastal states have sovereign rights over the exploration and exploitation of the natural resources on their continental shelf. The continental shelf refers to the submerged extension of the land territory beyond the territorial sea. The outer limits of the continental shelf are determined based on geological and geophysical criteria, subject to the review of the Commission on the Limits of the Continental Shelf.
High seas: The high seas, beyond any national jurisdiction, are considered the common heritage of mankind. All states have the freedom to explore, exploit, and utilise the resources in the high seas, including living and non-living resources. However, UNCLOS also imposes obligations on states to cooperate in the conservation and management of living resources in the high seas.
International seabed area: UNCLOS establishes the International Seabed Authority (ISA) to manage and regulate activities related to deep-sea mining in the international seabed area, which is beyond national jurisdiction. The ISA ensures the equitable sharing of benefits derived from such activities and establishes rules for the exploitation of mineral resources in the area.
Benefit sharing: UNCLOS promotes the equitable sharing of benefits derived from the exploration and exploitation of marine resources. It emphasises the importance of fair and reasonable access to those resources and the participation of developing countries in the benefits resulting from their utilisation.
Protection of the marine environment: UNCLOS includes provisions for the protection and preservation of the marine environment. States are required to take measures to prevent, reduce, and control pollution from land-based sources, vessels, and activities within their jurisdiction.
The property regime under UNCLOS aims to balance the rights of coastal states to exploit and manage their resources with the shared interests of the international community in the sustainable use and conservation of marine resources.
