Navigation Rights under UNCLOS – Application in the Arctic Ocean The Russian Far East, Arctic and China: Reshaping Northeast Asia in the 21st Century? 25-26 May 2017, Cambridge Dr Zhen Sun Centre for International Law National University of Singapore United States Department of State 2015
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Navigation Rights under UNCLOS –Application in the Arctic ... · Part 1 –Navigation Rights under UNCLOS UNCLOS –A Constitution for the Oceans The United Nations Convention on
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The United Nations Convention on the Law of the Sea
Ø Third United Nations Conference on the Law of the Sea (1973-1982)
Ø Entered into force on 16 November 1994
Ø 168 Parties
§ 1994 Agreement relating to the Implementation of Part XI
§ 1995 Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks
§ Prep-Com on Development of an International Legally Binding Instrument under the UNCLOS on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ)
Part1– NavigationRightsunderUNCLOS
The Area
200 M
Sea Level
12 M Contiguous zone
Territorialsea
12 M
Exclusive Economic Zone (EEZ)
Water Column, Sea-bed, Subsoil
Rise Deep Ocean
Inte
rnal
wat
ers
Terri
toria
l Sea
Bas
elin
e(Extended
Continental Shelf)
Continental ShelfSea-bed, Subsoil, Sedentary Species
All navigation rights must be exercised within the framework of UNCLOS;
Coastal State’s right over foreign ships decreases as they sail further from its coast;
Beyond the limit of territorial sea, the freedom of navigation prevails;Generally, the international rules and standards are the maximum requirement that the coastal State may enforce over foreign ships, but they are the minimum requirement that the flag State has to enforce;
Part2– ApplicationintheArcticOcean
2008 Ilulissat
Declaration
Arctic Five Coastal
States committed to the
legal framework
established by UNCLOS.
The five coastal States
have a stewardship role
in protecting.
Part2– ApplicationintheArcticOcean
Article234Ice-CoveredAreas
Coastal States have the right to adopt and enforce non-discriminatorylaws and regulations for the prevention, reduction and control ofmarine pollution from vessels in ice-covered areas within the limits ofthe [EEZ], where particularly severe climatic conditions and the presenceof ice covering such areas for most of the year create obstructions orexceptional hazards to navigation, and pollution of the marineenvironment could cause major harm to or irreversible disturbance ofthe ecological balance. Such laws and regulations shall have due regardto navigation and the protection and preservation of the marineenvironment based on the best available scientific evidence.
Part2– ApplicationintheArcticOcean
ApplicationofArticle234
• Application of the laws: within the EEZ, including the territorial seaand internal waters?
• Most of the year: how to define? Does drifting ice considered ice-covered?
• What are the standards to decide ‘obstructions or exceptionalhazards to navigation’, ‘major harm’ and ‘irreversible disturbance ofthe ecological balance’?
• How to define ‘the best available scientific evidence’?