81493-1958 1608: Hugo de Groot (Groetius) and Mare Liberum The seas are the property of no one, because:• No nation can control the ocean• No nation can exhaust the ocean’s resources
91493-1958 1635: John Selden and Mare Clausum The seas can be seen as property, because:• They can be subject to national control• Their resources can be exhausted
101493-1958 1702: Cornelius van Bynkershoek and De Domino Maris • A nation can realistically control only the sea near its shore• That control comes out of the barrel of a gun -the Cannon Shot Rule and the 3-mile limit
111493-1958 1930: The Hague conference on international law • Precursor to UNCLOS• General agreement on treating coastal waters as sovereign territory
121493-1958 1945: The Truman Proclamations #2667 Natural Resources of the Subsoil and Sea-Bed of the Continental Shelf#2668 Coastal Fisheries in Certain Areas of the High Seas
13# “having concern for the urgency of conserving and prudently utilizing its natural resources, the Government of the United States regards the natural resources of the subsoil and sea-bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control"
14# “In view of the pressing need for conservation and protection of fishery resources, the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a substantial scale. Where such activities have been or shall hereafter be developed and maintained by its nationals alone, the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States."
151493-1958 1945-1950: Latin America takes on the Truman Proclamations Mexico, 1945: Jurisdiction over continental shelf mineral & fishery resourcesArgentina, 1946: Sovereignty over the continental shelf and the overlying seaChile, 1947: As Argentina, but out to 200 miles
161493-1958 1952: The Santiago Declaration Chile, Peru, and Ecuador claim 200 mile sovereigntyRight of innocent passage through this 200 mile zone was explicitly acknowledged
17UNCLOS I, 1958 High Seas Territorial Sea and Contiguous Zone Continental ShelfFishing and Conservation of Living Resources of the High Seas
18UNCLOS I, 1958 Convention on the High Seas Freedom of Navigation Freedom of OverflightFreedom of FishingFreedom to Lay Cables and Pipelines
19UNCLOS I, 1958 Convention on Territorial Seas and Contiguous Zones Territorial sovereignty over coastal waters extends beyond low tide line - no agreement on how far!Contiguous seas at 12 miles from shoreSome problems here (Latin American claims)
20UNCLOS I, 1958 Convention on the Continental Shelf Coastal nations have sovereignty over the seabed and its resources, but not over the water and airspace above the seabedProblems with benthic species
21UNCLOS I, 1958Convention Fishing and Living Resources of the High SeasRecognized that marine resources were exhaustibleResolution of disputes by “binding arbitration” was unpalatableUndefined extent of “territorial sea” led to problems
23Post-War Prelude 1944: Iceland gains independence from Denmark 1950: Iceland extends its “fishery zone” to 4 miles: Iceland’s catches decline outside the4-mile zone
241st Cod War, 1958 Iceland’s economy largely dependent upon fishing Dwindling cod stocks in the North Sea send Britishtrawlers towards IcelandSeptember, 1958, Iceland extends its “fishery zone”from 4 miles to 12 miles
251st Cod War, 1958 September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles
261st Cod War, 1958 Britain doesn’t accept this extension, and has Royal Navy frigates accompany its trawlers into waters claimed by IcelandAttempted boardings, collisions, warning shotsIceland and UK agree to have International Court of Appeals in the Hague resolve disputes
27UNCLOS II, 1960 Goal was to resolve specific problems left by UNCLOS I Width of Territorial SeasFisheries LimitsNO AGREEMENT REACHED ON EITHER ISSUE!
282nd Cod War, 1972 September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles
292nd Cod War, 1972 September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 milesBritain doesn’t accept this extension, and Icelandignores the arbitration treatyIceland patrol boats cut the gear of British trawlerswithin the new 50 mile zone
302nd Cod War, 1972Iceland patrol boats cut the gear of British trawlerswithin the new 50 mile zone84 trawlers lose their netsTrawlers fish in ‘boxes’ protected by British frigates. Good for protection, lousy for fishing.
312nd Cod War, 1972Again, Royal Navy frigates accompany British trawlers into waters claimed by IcelandNATO intervenes, and an agreement to allow Britain to harvest a certain tonnage of fish within Iceland’s declared 50 mile limit is signedThis agreement extends to November, 1975
32Montevideo, Lima, and Santo Domingo Declarations (1970-1972) Latin American Nations Come to a Regional Consensus on12-Mile Territorial Seas and 200-Mile “Patrimonial” Seas
333rd Cod War, 1975 1974: Cod stocks in trouble again In 1964, 18-year old cod being caught;In 1974, nothing older than 12-years old;Reproductive capacity of stock is reducedBritish fisheries scientists agree with the analyses of their Icelandic colleaguesSo, one more time…
343rd Cod War, 1975Iceland extends its exclusion zone to 200 miles
353rd Cod War, 1975 Iceland extends its exclusion zone to 200 miles The termination date of the treaty allowing Britain to fish within waters claimed by Iceland passesIceland cuts trawling gear, British frigates ramIcelandic patrol boats, shots are firedIceland threatens to close an important NATO baseBritain backs down
363rd Cod War, 1975 Iceland extends its exclusion zone to 200 miles The termination date of the treaty allowing Britain to fish within waters claimed by Iceland passesIceland cuts trawling gear, British frigates ramIcelandic patrol boats, shots are firedIceland threatens to close an important NATO baseBritain backs down -And establishes its own 200-mile limit
373rd Cod War, 1975 “ Between scientists is was a very friendly cod war. The English are our best enemies”“All the world was going to 200 miles. I said to theBritish minister ‘I am quite sure you are going to 200 miles in a few years, and thenwe will be able to advise you on howto do it’ ”
38UNCLOS III, 1973-1982 585 Days over a 9-year period Largest Multilateral Treaty-Making ConferenceTreaty Available for Signing in 1982Treaty Came in to Force in 1994U.S. Voted Against the TreatyMany Nations have not Signed the Treaty
39UNCLOS III, 1973-1982 585 Days over a 9-year period Largest Multilateral Treaty-Making ConferenceTreaty Available for Signing in 1982Treaty Came in to Force in 1994U.S. Voted Against the TreatyMany Nations have not Signed the Treaty
40Important agreements reached at UNCLOS III Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles.Contiguous zone up to 24 nautical miles from the shoreline for purposes of enforcement of customs, fiscal, immigration, or sanitary laws.Exclusive economic zone up to 200 nautical miles from the shoreline for purposes of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil.The resources of the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction are the common heritage of mankind.An International Seabed Authority will organize, carry out, and control activities associated with the exploitation of the resources of the international seabed.A parallel system will be established for exploring and exploiting the international seabed, one involving private and state ventures and the other involving the Authority.A so-called Enterprise will carry out activities in the international seabed for the Authority and will be responsible for transporting, processing, and marketing minerals recovered from the international seabed.
41Countries that have not ratified UNCLOS III Cambodia, Colombia, Congo, North Korea, Dominican Republic, Ecuador, Eritrea, Estonia, Iran, Israel, Latvia, Liberia, Libya, Morocco, Niue, Peru, Syria, Thailand, East Timor, Turkey, United States, Venezuela, and 21 landlocked states including Afghanistan, Ethiopia, and Niger.
42UNCLOS III, 1973-1982 U.S. Voted Against the Treaty U.S. had already, unilaterally, adopted many ofthe treaty’s features, the most important beingthe adoption of the 200-mile EEZ in 1977.