Source: IE
Subject: International Organisation
Context: An Iranian warship IRIS Dena was sunk by a US submarine off the coast of Sri Lanka while returning from the International Fleet Review 2026 at Visakhapatnam.
About United Nations Convention on the Law of the Sea (UNCLOS):
What it is?
- UNCLOS is the comprehensive international treaty that establishes the legal framework governing the use of the world’s oceans and seas.
- It is often called the Constitution of the Oceans because it defines rights and responsibilities of states in maritime zones.
Came into force:
- Adopted in 1982 at Montego Bay, Jamaica.
- Entered into force in 1994 after sufficient ratifications.
Members:
- 168 parties including the European Union.
- Major maritime powers like India are parties, while the United States has signed but not ratified the convention.
Aim:
- To ensure peaceful use of oceans, equitable use of marine resources, protection of marine environment, and regulation of maritime boundaries.
Key functions:
- Defines Maritime Zones – Establishes legal zones such as Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and High Seas.
- Navigation Rights – Guarantees freedom of navigation and innocent passage for ships through territorial waters.
- Resource Governance – Regulates exploration and exploitation of marine resources such as fisheries, oil, and minerals.
- Marine Environmental Protection – Provides legal provisions to prevent pollution and protect marine biodiversity.
- Dispute Settlement – Establishes mechanisms like the International Tribunal for the Law of the Sea (ITLOS) for resolving maritime disputes.
- Seabed Governance – Creates the International Seabed Authority (ISA) to regulate mineral resources in areas beyond national jurisdiction.
About UNCLOS and International Waters:
What are International Waters?
- International waters, also called the High Seas, are areas of the ocean beyond the Exclusive Economic Zone (200 nautical miles) of any coastal state.
Features associated with International Waters:
- Freedom of Navigation – Ships of all states can sail freely without interference.
- Freedom of Overflight – Aircraft can pass over high seas without restriction.
- Peaceful Use Principle – Under Article 88 of UNCLOS, high seas must be reserved for peaceful purposes.
- The latest strike off Sri Lanka has raised questions about the legality of a military strike in international waters.
- A state could use force in international waters if it was responding in self-defence.
- Shared Global Commons – No country can claim sovereignty over international waters.
- Limited Use of Force – Military action in international waters is generally restricted unless self-defence or UN Security Council authorization exists.
- Common Heritage Principle – Resources in the seabed beyond national jurisdiction are treated as the common heritage of mankind.
