Law of the sea
Law of the sea is a body of international law governing the rights and duties of states in maritime environments.[1] It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
For the 1931 film, see Law of the Sea (film).
While drawn from a number of international customs, treaties, and agreements, modern law of the sea derives largely from the United Nations Convention on the Law of the Sea (UNCLOS), effective since 1994, which is generally accepted as a codification of customary international law of the sea, and is sometimes regarded as the "constitution of the oceans".[2][3]
Law of the sea is the public law counterpart to admiralty law (also known as maritime law), which applies to private maritime issues, such as the carriage of goods by sea, rights of salvage, ship collisions, and marine insurance.
Recognition and enforcement of law of the sea[edit]
Although UNCLOS was created under the auspices of the UN, the organization has no direct operational role in its implementation. However, a specialized agency of the UN, the International Maritime Organization, plays a role in monitoring and enforcing certain provisions of the convention, along with the intergovernmental International Seabed Authority (ISA), which was established by the convention to organize, regulate and control all mineral-related activities in the international seabed area beyond territorial limits. UNCLOS established the International Tribunal for the Law of the Sea (ITLOS), based in Hamburg, Germany, to adjudicate all disputes concerning the interpretation or application of the convention (subject to the provisions of Article 297 and to the declarations made in accordance with article 298 of the convention).[23][24] Its 21 judges are drawn from a wide variety of nations.[25] Because the EEZ is so extensive, many ITLOS cases concern competing claims over the ocean boundaries between states[26] As of 2017, ITLOS had settled 25 cases.[27][28]
Other types of intergovernental organizations enforcing the law of the sea include UN FAO regional fishery bodies and arrangements, as well as UNEP regional seas conventions and action plans.
Maritime law[edit]
Law of the sea should be distinguished from maritime law, which concerns maritime issues and disputes among private parties, such as individuals, international organizations, or corporations. However, the International Maritime Organisation, a UN agency that plays a major role in implementing law of the sea, also helps to develop, codify, and regulate certain rules and standards of maritime law.
