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INTRODUCTION

INTRODUCTION. Oceans are a Common Resource 1982 Law of the Sea Convention Provides Fair and Equal Access. HISTORIC OVERVIEW. Community Property- Roman Empire Closed Seas- 1493 Spain/Portugal Open Seas - 1609 Hugo Grotius High Seas Freedom of Navigation Territorial Sea (3 miles) 1703

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INTRODUCTION

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  1. INTRODUCTION • Oceans are a Common Resource • 1982 Law of the Sea Convention Provides Fair and Equal Access

  2. HISTORIC OVERVIEW • Community Property- Roman Empire • Closed Seas- 1493 Spain/Portugal • Open Seas- 1609 Hugo Grotius • High Seas Freedom of Navigation • Territorial Sea (3 miles) 1703 • Subject to Right of Innocent Passage

  3. POST-WW II EXPANSION OF TERRITORIAL SEA CLAIMS • Fisheries • Oil & Other Non-Living Resources • 200 nautical mile territorial sea claims

  4. CODIFICATION OF THE LAW OF THE SEA • UNCLOS I (1958) • 1958 GENEVA CONVENTIONS • UNCLOS II (1960) • UNCLOS III (1973-82) • 1982 UN CONVENTION ON LAW OF THE SEA

  5. 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS III) Major Topics: • Coastal State Rights • Navigation & Overflight Rights • Environment Protection • Settlement of Disputes • Sea-Bed Mining Provisions

  6. U.S. POSITION ON LAW OF THE SEA • 1983: Ocean Policy Statement • 1983: 200 nm Exclusive Economic Zone • 1988: 12 nm Territorial Sea • 1999: 24 nm Contiguous Zone

  7. UNCLOS IIIDEVELOPMENTS • 1990: UNSG Initiated Informal Discussions to Modify Part XI • July, 1994: UNGA Resolution Proposes Agreement Amending Part XI • November, 1994: UNCLOS III Enters Into Force • October, 1994: U.S. President Forwards to Senate • U.S. accession still pending Senate advice & consent

  8. INTERPRETATION • No reservations • Declarations • Dispute Resolution • Mandatory • Optional • Role of IMO

  9. CURRENT STATUS • As of January 2012: 161 Nations were parties • U.S. Ratification Has Not Yet Occurred • Widespread International Adherence

  10. CONCLUSION • Equal Distribution of Commonwealth of the Oceans • National Security • Economic Interests • Freedom of Navigation

  11. USEFUL WEB SITES • UN Division for Ocean Affairs and Law of the Sea http://www.un.org/Depts/los/index/html • UNCLOS III Parties, treaty texts, national claims, UNGA Resolutions, UNSG Reports • U.S. Department of Defense • Maritime Claims Reference Manual http://www.dtic.mil/whs/directives/corres/html/20051m.html

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