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GEOECONOMICS – Final Exam (TOPICS)SESSION 1 – About Geoeconomics · Sea Power · UNCLOS
1. What is UNCLOS? How was oceanic territoriality regulated before it?
UNCLOS à United Na.ons Conven.on of the Law of the Seas
What it is?
• The United Na.ons Conven.on of the Law of the Sea ("UNCLOS") is the
interna.onal agreement that resulted from the Third United Na.ons
Conference of the Law of the Sea ("UNCLOS III") that took place between
1973 and 1982.
• UNCLOS defines the rights and responsibili.es of States with respect to
their use and access to world's oceans, as well as guidelines for business,
extrac.on of natural resources, environmental issues and global trade.
• The US is not a formal part of UNCLOS, although it observes is as
Interna.onal Customary Law UNCLOS established different mari.me
zones, measured in nau.cal miles* (nm): 1,852 m or 1.852 km (equivalent
to 1.15 land miles).
o The UN hosted between 1956 and 1958 in Switzerland UNCLOS I,
where different trea.es and conven.ons were agreed on
Territorial Sea, Con.guous Zone, Con.nental Shelf, etc (not in
force un.l 1964).
o UNCLOS II was also held in Switzerland in 1960, but the
interna.onal conference did not result in any agreements; in 1967
issues and claims were raised about Territorial Waters.
o UNCLOS III (1973-1982) introduced amendments and established
new mari.me zones as well as a framework for transit regimes,
mari.me research, protec.on of mari.me environment and a
mechanism for se]ling disputes.
• Today, UNCLOS (UNCLOS III) is the only interna.onal conven.on that
s.pulates a regula.on for State jurisdic.on in the oceans by providing
different legal status to different mari.me zones.
• UNCLOS is the backbone of offshore global governance.
• There are five concentric mari.me zones with different rights,
jurisdic.ons and responsibili.es.
• The actual UNCLOS was nego.ated during a decade and is accepted by
most countries in the world.
• UNCLOS is not perfect, but be]er than no regula.on at all.
Before it:
,• Since ancient .mes, coastal civiliza.ons have argued, debated, and
fought in order to control and/or regulate mari.me commerce, transit or
military opera.ons.
• The central ques.on has always been: who owns the oceans? And if so,
in the name of what? Where does sea control legi.macy come from?
o The history of addressing these ques.ons has always gravitated
around to extremes exposed in the doctrines of:
§ “Mare clausum” ("closed sea") à Spanish and
Portuguese.
§ “Mare liberum” ("open/free sea") à Dutch.
WAR = CUSTOMARY LAW (the first 5.5 km are for the country
and the rest is free to navigate).
• Before the Age of Discovery these debates were not central and were
regional, at best.
o AGE OF DISCOVERY à Officially began in the early 15th century
and lasted through the 17th century. The period is characterized
as a .me when Europeans began exploring the world by sea in
search of new trading routes, wealth, and knowledge.
§ 1453 CE à Constan.nople was invaded. Turks/O]omans
were different, they elevate the prices, and it ended the
trade in Italian ci.es. Italy was risking bankruptcy. To solve
it they found a different route. New way to get directly to
the East avoiding the o]omans.
• With the rise of IBERIAN EMPIRES (15-16th c.) and the discovery of the
New World the discussion became cri.cal; the ques.on would be solved
imposing mare clausum doctrines with the support of the Pope.
Everybody took the nearer oceans. The Pope, amer, decided the
oceans were Spanish of Portuguese à TORDESILLAS TREATY.
• With the rise of the NORTHERN EMPIRES (17-18th c.), mare liberum
doctrines started to impose, triggering mul.ple conflicts among
European powers.
• CUSTOMARY LAW started to develop the concept and prac.ce (17-18th
c.) that each coastal line had sovereignty over a body of water compa.ble
with the range of coastal ar.llery* (3 nau.cal miles = 5.5 km), being the
rest free and accessible to all na.ons.
• During the 19th c., the standard would become freedom of naviga.on
both for civil and military purposes outside territorial waters.
• Amer WWI, President Wilson's 14 Points (1918) would reinforce this
no.on, but subject to trea.es. He would advocate for freedom of
naviga.on amer WWI. Even though the US is not part of UNCLOS, however
it observes.
• During WWII, President Roosevelt strengthened Wilson's vision, centring
the US responsibility towards it:
"Upon our naval and air patrol falls the duty of maintaining the
American policy of freedom of the seas"
- President F.D. Roosevelt, September 1941
, • Amer WWII and under the umbrella of the Bre]on Woods à Ins.tu.ons
and decoloniza.on, the need to thoughpully create a CONSTITUTION OF
THE SEAS.
2. Explain, under UNCLOS: Territorial Waters, ConOguous zone, EEZ and High Seas.
TERRITORIAL WATERS à Territorial waters are informally an area of water where
a sovereign state has jurisdic.on, including internal waters, the territorial sea,
the con.guous zone, the exclusive economic zone, and poten.ally the extended
con.nental shelf.
INTERNAL WATERS à Include all water and waterways on the landward side
of the baseline.
• The coastal State keeps full sovereignty and jurisdic.on (sets Law,
regulated use, including all natural resources) = its land territory.
• Includes bays, ports, rivers and lakes (even those connected to the Sea).
• Other States do not have the right of passage within Internal Waters
without permission.
THE TERRITORIAL SEA à It usually begins at the mean low-water baseline.
Sovereignty covers the airspace above and the seabed below.
• "Belt" of coastal waters extending up to 12 nm (nau.cal miles) from the
coast baseline (low-water mark in in the .de).
• Is part of the State's sovereignty and jurisdic.on but foreign vessels
(civilian and military) are allowed innocent passage and transit passage
for straits Sovereignty extends to airspace and seabed (includes fisheries
and minerals).
Examples:
• Venezuela’s Straight Baseline Claim à On July 10, 1968, Venezuela
claims an excessive straight baselines. The baseline extends twenty-
six miles beyond Venezuelan territory into neighbouring Guyana.
Venezuela’s use of a straight baseline in the area in ques.on is
inconsistent with interna.onal law. Venezuela’s excessive straight
base- lines infringe on Guyana’s sovereignty.
• Libya’s claim to the Gulf of Sidra à In October 1973, the Libyan Arab
Republic promulgated a declara.on by which it claimed that the Gulf
of Sidra cons.tutes an integral part of the territory of the Libyan Arab
Republic and is under its complete sovereignty. This declara.on was
intended to change the juridical status of the Gulf of Sidra from
interna.onal waters, to which the full range of high seas freedoms
apply, to internal waters in which, like a river or bay, the coastal state
exercises complete sovereignty.
Libya does not accept UNCLOS à Discussions of property of great gas
deposits.
CONTINENTAL SHELF à Natural prolonga.on of the suboceanic con.nental
margin of coastal states. Despite oceanic surface is considered High Seas and
, interna.onal waters (ocean beyond any EEZ), under certain circumstances
and authoriza.ons the seabed can be extended for economic exploita.on
purposes (minerals, energy, shells, no fisheries) up to 150 nm from the end
of the EEZ un.l the "natural submarine prolonga.on" or "con.nental slope"
ends, that is 350 nm from the State's baseline.
Two methods to calculate and authorize the end of the "con.nental slope".
EEZ can be expanded if CONTINENTAL SHELF is proved by two methods:
• 1st method à Is by measuring geological features using what is
called the GARDINER FORMULA. By measuring the thickness of
sedimentary rocks, the edge of the con.nental shelf is drawn where
sedimentary rocks become less than 1 percent of the under-bed soil.
• 2nd method à Is to use given distances in what is called the Hedberg
formula. This method allows States to draw its boundary 60 miles
from the foot of the shelf’s slope. This expanded con.nental shelf
cannot, however, exceed 350 nm from the baseline.
To prevent abuse of the con.nental shelf provisions, the UNCLOS
established the Commission on the Limits of the Con.nental Shelf (CLCS).
Example à North Pole’s territorial claims: biggest controversy is in the ARTIC
à Russia says its con.nental shelf is expanding.
CONTIGUOUS ZONE à Area of water that is counted up to 12 nm from the end
of Territorial Water or 24nm from the baseline.
• Limited and condi.oned sovereignty of the coastal State who has the
right to both prevent and punish any viola.on of taxa.on, immigra.on,
sanitary, pollu.on and custom laws and regula.ons.
• Only applies to the ocean surface and seabed (no airspace rights).
• Key ra.onale: expand the State's Law enforcement capacity, preven.ng
criminals from escaping the Territorial Sea. Controversy: unlike territorial
Sea, no standard to solve and set disputes. Must be nego.ated ad hoc.
• 12 nm is not always applied. Because if between two countries there is
less, then is divided the total territory in half à In CONTIGUOUS ZONE is
not clear. It must be seen case by case. However, in EEZ the solu.on is
almost always the same (by half).
EEZ à It stretches 200 nm from the baseline from the coastal State. Its surface
waters are interna.onal waters, but coastal States can claim the natural
resources below the surface of the sea (mostly energy, minerals). So, it has a
sovereignty right over natural resources and energy genera.on which includes:
§ Oceanic water resources (fisheries).
§ Seabed resources (oil, gas).
§ Energy genera.ons from winds and .des.
Ar.ficial islands and other mari.me structures are allowed.
• Sovereign rights to explore, exploit and conserve natural resources (living
or non-living).
• Unlike the territorial sea and the con.guous zone, the EEZ only allows for
the men.oned resource rights and the law enforcement capacity to
protect those rights.
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