Law of the Sea Introduction 1493 to 1958 UNCLOS I, II, and III Consequences

Introduction Law as Custom Law as Multi-Party Agreements Law as Unilateral Agreements

1493-1958 A. Spain and Portugal Columbus and Dias 2. Pope Alexander VI 3. Treaty of Tordesillas

1493-1958 B. Holland and England Hugo de Groot (Groetius) and Mare Liberum John Selden and Mare Clausum Cornelius van Bynkershoek and De Domino Maris

1493-1958 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

1493-1958 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

1493-1958 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

1493-1958 1930: The Hague conference on international law • Precursor to UNCLOS • General agreement on treating coastal waters as sovereign territory

1493-1958 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

1493-1958 #2667 “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"

1493-1958 #2668 “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."

1493-1958 1945-1950: Latin America takes on the Truman Proclamations Mexico, 1945: Jurisdiction over continental shelf mineral & fishery resources Argentina, 1946: Sovereignty over the continental shelf and the overlying sea Chile, 1947: As Argentina, but out to 200 miles

1493-1958 1952: The Santiago Declaration Chile, Peru, and Ecuador claim 200 mile sovereignty Right of innocent passage through this 200 mile zone was explicitly acknowledged

UNCLOS I, 1958 High Seas Territorial Sea and Contiguous Zone Continental Shelf Fishing and Conservation of Living Resources of the High Seas

UNCLOS I, 1958 Convention on the High Seas Freedom of Navigation Freedom of Overflight Freedom of Fishing Freedom to Lay Cables and Pipelines

UNCLOS 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 shore Some problems here (Latin American claims)

UNCLOS 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 seabed Problems with benthic species

UNCLOS I, 1958 Convention Fishing and Living Resources of the High Seas Recognized that marine resources were exhaustible Resolution of disputes by “binding arbitration” was unpalatable Undefined extent of “territorial sea” led to problems

The Cod Wars, 1958-1976 Post-War Prelude 1st Cod War: 1958 2nd Cod War: 1972-1973 3rd Cod War: 1975-1976

Post-War Prelude 1944: Iceland gains independence from Denmark 1950: Iceland extends its “fishery zone” to 4 miles 1954 - 1958: Iceland’s catches decline outside the 4-mile zone

1st Cod War, 1958 Iceland’s economy largely dependent upon fishing Dwindling cod stocks in the North Sea send British trawlers towards Iceland September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles

1st Cod War, 1958 September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles

1st Cod War, 1958 Britain doesn’t accept this extension, and has Royal Navy frigates accompany its trawlers into waters claimed by Iceland Attempted boardings, collisions, warning shots Iceland and UK agree to have International Court of Appeals in the Hague resolve disputes

UNCLOS II, 1960 Goal was to resolve specific problems left by UNCLOS I Width of Territorial Seas Fisheries Limits NO AGREEMENT REACHED ON EITHER ISSUE!

2nd Cod War, 1972 September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles

2nd Cod War, 1972 September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles Britain doesn’t accept this extension, and Iceland ignores the arbitration treaty Iceland patrol boats cut the gear of British trawlers within the new 50 mile zone

2nd Cod War, 1972 Iceland patrol boats cut the gear of British trawlers within the new 50 mile zone 84 trawlers lose their nets Trawlers fish in ‘boxes’ protected by British frigates. Good for protection, lousy for fishing.

2nd Cod War, 1972 Again, Royal Navy frigates accompany British trawlers into waters claimed by Iceland NATO intervenes, and an agreement to allow Britain to harvest a certain tonnage of fish within Iceland’s declared 50 mile limit is signed This agreement extends to November, 1975

Montevideo, Lima, and Santo Domingo Declarations (1970-1972) Latin American Nations Come to a Regional Consensus on 12-Mile Territorial Seas and 200-Mile “Patrimonial” Seas

3rd 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 reduced British fisheries scientists agree with the analyses of their Icelandic colleagues So, one more time…

3rd Cod War, 1975 Iceland extends its exclusion zone to 200 miles

3rd 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 passes Iceland cuts trawling gear, British frigates ram Icelandic patrol boats, shots are fired Iceland threatens to close an important NATO base Britain backs down

3rd 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 passes Iceland cuts trawling gear, British frigates ram Icelandic patrol boats, shots are fired Iceland threatens to close an important NATO base Britain backs down - And establishes its own 200-mile limit

3rd 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 the British minister ‘I am quite sure you are going to 200 miles in a few years, and then we will be able to advise you on how to do it’ ”

UNCLOS III, 1973-1982 585 Days over a 9-year period Largest Multilateral Treaty-Making Conference Treaty Available for Signing in 1982 Treaty Came in to Force in 1994 U.S. Voted Against the Treaty Many Nations have not Signed the Treaty

UNCLOS III, 1973-1982 585 Days over a 9-year period Largest Multilateral Treaty-Making Conference Treaty Available for Signing in 1982 Treaty Came in to Force in 1994 U.S. Voted Against the Treaty Many Nations have not Signed the Treaty

Important 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.

Countries 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.

UNCLOS III, 1973-1982 U.S. Voted Against the Treaty U.S. had already, unilaterally, adopted many of the treaty’s features, the most important being the adoption of the 200-mile EEZ in 1977.

Capture landings by the USA, New Zealand, USSR/Russia, and Japan

Consequences 12-Mile Territorial Sea 200-Mile Exclusive Economic Zone Rights of Innocent Passage