Study Notes on UNCLOS and Territorial Disputes

UNCLOS Objectives

  • Overview of the United Nations Convention on the Law of the Sea (UNCLOS)

    • International agreement codifying rules governing the use of seas for transportation and resource extraction.

    • Essential for understanding territorial disputes in maritime regions, specifically the South China Sea.

Ownership of Maritime Zones

  • Distinctions in land ownership vs. sea ownership.

    • States generally have established borders through:

    • Defining: Creating legal language regarding boundaries.

    • Delimiting: Drawing boundaries on a map.

    • Demarcating: Physically marking boundaries.

    • Conceptual query: Who owns the oceans?

Law of the Sea Zones

  • Territorial Waters: 12 nautical miles from shore.

    • Right of innocent passage for non-commercial vessels; commercial vessels may pass freely.

    • Median line principle applies when two states are closer than 24 nautical miles; distance is shared equally.

  • Contiguous Zone: Up to 24 nautical miles from shore.

    • States may enforce laws regarding customs, immigration, and sanitation in this zone.

  • Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from shore.

    • States hold rights to explore, extract minerals, and manage resources within this zone.

  • International Waters/High Seas: Beyond the EEZ.

    • Open access for all states.

Innocent Passage Under UNCLOS

  • Definition of Innocent Passage:

    • A critical provision enshrined in UNCLOS, allowing vessels to traverse a coastal state’s territorial sea, provided it does not threaten peace and order.

    • Important right for both military and commercial vessels.

  • Conditions for Innocent Passage:

    • Must be continuous and expeditious, with no stops or anchoring unless in emergencies (force majeure).

    • Transit passage through international straits is nonsuspendable, applicable to all vessels—including military and commercial ships.

    • Submarines may remain submerged during transit.

Rights of Foreign States in Territorial Waters

  • Military and commercial vessels maintain rights of innocent passage and self-defense in foreign territorial seas under specific conditions:

    • Must avoid actions interpreted as threats to coastal state sovereignty.

    • NCLOS Article 19(2) outlines activities categorized as 'non-innocent passage':

    • (a) Threatening or using force against the sovereignty of the coastal State.

    • (b) Exercises with weapons of any kind.

    • (c) Gathering intelligence detrimental to the coastal State.

    • (d) Conducting propaganda against the coastal State.

    • (e) Launching or landing aircraft.

    • (f) Launching or landing military devices.

    • (g) Loading/unloading contrary to customs laws.

    • (h) Intentional pollution.

    • (i) Engaging in fishing activities.

    • (j) Conducting research or surveys.

    • (k) Disruption of communication or infrastructure of the coastal state.

Territorial Claims in Maritime Conflicts

  • Economic Interests in the Arctic:

    • Nations like Russia, Canada, and Denmark claim rights based on the continental shelf’s edge, seeking control over emerging resources.

  • The 9 Dash Line in the South China Sea:

    • Represents China’s territorial claims that overlap with those of neighboring countries, reflecting national interests in the resources and trade routes of the region.

  • Weakness of International Agreements:

    • The UNCLOS faces limitations highlighted by conflicts, such as ongoing disputes between China and its neighbors.

Ethics and Morality in Territorial Claims

  • Ethical Questions:

    • Evaluating the moral justification of including the continental shelf as land.

    • The ethics surrounding the placement of populations in remote territories to stake claims.

Importance of Choke Points

  • Definition of Territoriality:

    • Connection of people or economies to specific geographic spaces drives the control over strategic locations.

  • Strategic Locations:

    • Control is often sought over choke points, narrow passages that are critical for trade and military movement.

Choke Points and Strategic Value

  • Strait of Hormuz:

    • Links the Persian Gulf with the Gulf of Oman, vital for oil transportation.

    • Statistics: In 2018, approximately 21 million barrels of oil passed through, representing about one-third of global seaborne oil trade.

    • Significant strategic value given its narrow width and global economic impact.

  • Strait of Malacca:

    • Connects the Indian Ocean to the South China Sea, crucial for oil supplies to China and Indonesia.

    • In 2016, it facilitated roughly 16 million barrels per day.

    • Importance due to China’s dependence on Middle Eastern oil, representing about 25% of oil shipments.

    • Potential blockade implications: displacement of half of the world's fleet and increased shipping costs.

  • Suez Canal:

    • 103 miles long, connects the Red Sea to the Mediterranean; completed in 1869.

    • Historical context of control, including British oversight and Egyptian nationalization in 1956.

    • Accounts for about 9% of worldwide maritime oil trade as of 2015, roughly equating to 5.5 million barrels per day.

Further Questions to Consider

  • What constitutes a ‘choke point’ and its strategic significance?

  • Calculation of EEZ for Malaysia and Indonesia based on the UNCLOS framework.

  • Theoretical implications of Egypt restricting Israeli ships in the Suez Canal and ramifications under UNCLOS.