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HYDRO II COURSE

FIG/IHO/ICA Category A Level


2013
UNIVERSITY TECHNOLOGY MALAYSIA
UNITED NATION CONVENTION ON THE LAW OF THE
SEA
(UNCLOS)
(DEVELOPMENT)

To outline issues and development of law of the sea

Relevant Article for hydrographic surveyor

To explain ocean mapping components of UNCLOS

To describe maritime zones

To examine the principles of marine and coastal


boundary delimitation

To explain how ocean mapping is used in boundary


delimitation

One of the most important treaties in history, a


constitution of the oceans

Preparation, from 1973-1982, by consensus of all


nations

Regulates ALL activities in the worlds oceans (all


known at time of drafting) through 330 Articles

Twenty-five Articles apply to hydrography and


geomatics

Twenty five or so apply to scientific research

In 1493, the Pope divided the worlds oceans


between Portugal and Spain.

1600s, Dutch and British were claiming freedom


of navigation on the high seas

State sovereignty over narrow territorial sea


slowly gained acceptance

Beyond these narrow cannon shot zones lay


the High Seas, owned by no State and where a
ships Captain was Captain Under God

Increasing range of cannon


Abolition of the slave trade
1807
Truman Proclamation 1945
natural prolongation
Peru declares 200nm limit
1949
Manganese Nodules in the
early 1970s
United Nations
CONFERENCE on Law of
the Sea led to the United
Nations Convention on Law
of the Sea in force 1994
6

UNCLOS I (GENEVA CONVENTIONS)


In 1956, the United Nations held its first Conference on the Law
of the Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS I resulted
in four treaties concluded in 1958:
Convention on the Territorial Sea and Contiguous Zone, , entry
into force: 10 Sep 1964
Convention on the Continental Shelf, entry into force: 10 June
1964
Convention on the High Seas, entry into force: 30 September
1962
Convention on Fishing and Conservation of Living Resources of
the High Seas, entry into force: 20 March 1966
Although UNCLOS I was considered a success, it left open the
important issue of breadth of territorial waters.

UNCLOS II

In 1960, the United Nations held the second Conference on


the Law of the Sea (UNCLOS II); however, the six-week
Geneva conference did not result in any new agreements.
Generally speaking, developing nations and third world
countries participated only as clients, allies, or dependents
of United States or the Soviet Union, with no significant
voice of their own.

UNCLOS III - 1982

The 1982 UNCLOS is the most comprehensive attempt


at creating a unified regime for governance of the rights
of nations with respect to the worlds oceans.
The convention addresses a number of topics including
navigational rights, economic rights, pollution of the
seas, conservation of marine life, scientific exploration,
piracy and more. The convention, one of the longest in
history, is comprised of 320 articles and 9 annexes,
representing the codification customary international
law and its progressive development

GENEVA
CONVENTION
1958

EXTENDED
CONTINENTAL
SHELF

UNCLOS 1982

UNCLOS I 1958 and


UNCLOS II 1960
UNCLOS I resulted in four treaties
concluded in 1958. Only produced 4
conventions covered as follows:
a.Convention on Territorial Sea and
Contiguous Zone
b.Convention on Continental Shelf
c.Convention on High Seas
d.Convention on Fishing and
Conservation of Living Resources of the
High Seas
In 1960, the United Nations held the
second Conference on the Law of the
Sea (UNCLOS II) however Geneva
conference did not result in any new
agreements.

UNCLOS III 1982


Convention came into force on
November 16, 1994.
The convention introduced a number of
provisions. The most significant issues
covered:
a.Setting limits
b. Navigation
c. Archipelagic status and transit
regimes
d. Exclusive Economic Zones(EEZs)
e.Continental Shelf jurisdiction
f.Deep Seabed Mining
g.the Exploitation Regime
h. Protection of the marine environment
scientific research
i.And settlement of disputes.
The convention set the limit of various
areas, measured from a carefully
definedbaseline:
a.Internal Water
b.Territorial Water
c.Contiguous Zone
d.Exclusive Economic Zones

Area
Internal Water

Territorial Water
Contiguous Zone
Exclusive Economic
Zone
Continental Shelf

UNCLOS I & II

UNCLOS III

Waters on the landward


side of the baseline of the
territorial sea form part of
the internal waters of the
State.
(failed to set the standard
limit)
12 Nm
Nil

Waters on the landward side of


the baseline of the territorial sea
form part of the internal waters
of the State.

The term continental shelf


is used as referring to the
seabed and subsoil of the
submarine areas adjacent
to the coast but outside the
area of the territorial sea,
to a depth of 200 meters
or, beyond that limit, to
where the depth of the
superjacent waters admits
of the exploitation of the
natural resources of the
said areas to the seabed
and subsoil of similar
submarine areas adjacent
to the coasts of

The continental shelf of a


coastal State comprises the
seabed and subsoil of the
submarine areas that extend
beyond its territorial sea
throughout the natural
prolongation of its land territory
to the outer edge of the
continental margin, or to a
distance of 200 nautical miles
from the baselines from which
the breadth of the territorial sea
is measured where the
outer edge of the continental
margin does not extend up to
that distance. However, it may

12 Nm
24 Nm
200 Nm

Recognizes that the oceans effect the entire planet, not just the
coastal states. Land-locked states are granted rights and
responsibilities, and the Area outside national jurisdiction is part of
the common heritage of mankind.

UNCLOS forms one integral whole. States are not allowed to make
any reservations, it's all or nothing.

Parts of UNCLOS codify what was customary International law, while


other parts, particularly those dealing with the deep ocean, are new.

While UNCLOS provides detail on many issues, some are so complex


as to require being referred to "the competent international
organization" (e.g. the International Hydrographic Organization
(IHO) ) or to a body established by UNCLOS itself (e.g. Commission
on the Limits of the Continental Shelf).

Straits Used for International Navigation


Archipelagic States
Exclusive Economic Zone
Continental Shelf
Territorial Sea and Contiguous Zone,
High Seas
Regime of Islands
Enclosed or Semi-Enclosed Seas
Right of Access of Land-locked States to and from the Sea
The Area
Protection and Preservation of the Marine Environment
Development and Transfer of Marine Technology
Settlement of Disputes

Highly Migratory Species


Commission on the Limits of the Continental

Shelf
Basic Conditions of Prospecting, Exploration and
Exploitation
Statute of the Enterprise
Conciliation
Statute of the International Tribunal for the Law
of the Sea
Arbitration
Special Arbitration
Participation by International Organisations

Under Law of the Sea there are usually


different meaning between hydrography,
hydrographic survey and marine scientific
research

Hydrography generally means knowledge with


regard to the bodies of water, relating to
(1) depth of water, configuration and the nature of
the seabed;
(2) directions and force of current;
(3) heights and times of tides and water stages;
(4) location of topographic features and fix objects
for survey and navigation purposes.

Hydrographic Survey means a survey of the


bodies of water directed for specific purposes, such
as;
(1) for the purposes of safety of navigation,
(2) for construction of artificial islands, structures
and installation at sea, and even for
(3) the purposes of making and constructing port
and post installation

Marine Scientific Research (MSR) means


activities undertaken in the marine environment to
enhance scientific knowledge regarding the nature
and natural processes of the seas and oceans, the
seabed and subsoil thereof.

UNCLOS 1982 contains some provisions regarding


the hydrographic survey and marine scientific
research. For instance Article 21 (1) stipulates that
coastal states may adopt laws and regulations, in
conformity with the provisions of this Convention
and other rules of International Law, relating to
innocent passage through the territorial sea, in
respect of all or any of the following: (a) the safety
of navigation and the regulation of marine
traffic (g) marine scientific research and
hydrographic surveys.

Article 40 of UNCLOS stated that during transit


passage through straits used for international
navigation, foreign ships, including marine scientific
research and hydrographic survey ships may not carry
out any research or survey activities without the prior
authorization of the states bordering straits.
The prohibition to the conduct marine scientific
research and hydrographic survey without prior
authorization of the coastal state is also applicable in
the archipelagic waters in accordance with Article 54
of the UNCLOS 1982.

The problem of marine scientific research and


hydrographic survey in the EEZ may create some
problems
Article 56 (1) indicated that in the EEZ, the
coastal state has sovereign rights for the purpose
of exploring and exploiting, conserving and
managing the natural resources, whether living
or non living of the EEZ and with regard to other
activities for the economic exploitation and
exploration of the zone, such as the production of
energy from the waters and wind. In Addition,
Article 56 also stated that the coastal states has
jurisdiction with regard to, among others marine

Therefore there has been some confusion with regard


to the regime of hydrographic survey in the EEZ
whether it would be under the freedoms of the sea, or
under the jurisdiction of the coastal states. One
argument would say that hydrographic survey is not
directly related to exploring, conserving and managing
the natural resources of the EEZ, and therefore should
be free for all states.
Although hydrographic survey was not clearly stated
within the jurisdiction of the coastal state as stipulated
in Article 56(1) (d), the coastal states considered that
hydrographic survey
have direct relations to their security.

In view of this , a certain group of experts on the Law


of the Sea, the so called Group of 21 consisting of Law
of the Sea experts from Japan, Australia, Indonesia,
Malaysia, the Philippines, China , Republic of Korea,
India, Russia, the United States, International Tribunal
for the Law of the Sea, and others have carried out
several meetings, and have formulated certain
Guidelines for the navigation and overflight in the
EEZ.

a. Hydrographic surveying should only be conducted in the


EEZ of another state with the consent of the coastal state.
This does not apply to the collection of navigational data
by a ship required for safe navigation during the ships
passage through an EEZ.
b. Coastal State consent for hydrographic surveying
should normally be granted unless the surveys fall within
one of the consent categories in Article 246(5) of the 1982
UNCLOS, such as having direct significance for the
exploration and exploitation of natural resources, whether
living or non-living.
c. The Guidelines in Articles VIII and IX also apply to
aircraft, autonomous underwater vehicles (AUVs),
remotely operated vehicles (ROVs) and other remotely

Hydrography is also very closely related to UNCLOS 1982 and very


crucial in determining the baselines for measuring territorial sea,
contiguous zones, EEZ, and continental shelf.
- Article 5 the normal baselines for measuring the breadth
of the territorial sea is the low water line along the coasts as
marked on large scale charts officially recognized by the coastal
states. Hydrographic knowledge is crucial in determining the
location of the low water line along the coast.
- Article 6 to determine the seaward low water line of the
reefs as shown by the appropriate symbol on chart officially
recognized by the coastal states, because those low water lines
could be used as baselines for measuring the breadth of the
territorial sea.
- Article 7 to determining straight baselines where the

- Article 9 determining straight baselines across the mouth of


the river between points on the low water line of its banks or
cross a bay Article 10
- Article 13 in determining a low tide elevation, primarily
because the location of that low tide elevation could influence
the extent of straight baselines for measuring the territorial
sea.
- Article 10 to determine the seaward low water line of the
reefs as shown by the appropriate symbol on chart officially
recognized by the coastal states, because those low water
lines could be used as baselines for measuring the breadth of
the territorial sea.

- Article 15, failing agreement to the contrary, neither of the


two states can extend its territorial sea beyond the median
line every points of which is equidistant from the nearest
points on the baselines from which the breadth of the
territorial seas of each of the two states is measured. Only
hydrographic research that could determine those median
line for the delimitation between the two states and to show
them on charts or provide a list of geographical coordinates
of points, specifying the geodetic datum as stipulated in
Article 16
- Article 47 to determine the outermost points of the
outermost islands and drying reefs of archipelago as stated
in Article 47(1) which are essential as basis for drawing
straight archipelagic baselines.

Hydrographic knowledge is important to determine the various


base points, the connecting baselines, the 12 miles extent of the
territorial seas from the baselines, the 24 miles extent of the
contiguous zone from the territorial sea baselines and the 200
miles EEZ boundaries, also from the territorial sea baselines. In
addition, hydrographic knowledge is also crucial in determining
the outer edge of the continental margin beyond the 200 mile
limits, particularly the determination of the existence of
submarine ridges, plateau , rises, caps, banks, and spurs which
are part of the continental margin.
Hydrographic survey and knowledge is extremely significant in
determining 2500 meters isobaths as the possible basis to start
counting possible limit of 100 miles for measuring the outer limit
of the continental margin (Article 76 (5) of UNCLOS) as the limit of
the continental shelf beyond the distance of 200 miles from the
baselines as stipulated in Article 76 of UNCLOS.

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