Goobergunchia
02-05-2004, 18:48
Convention on Law of the Sea
Category: [I'm not really sure]
Strength: Significant
Submitted By: Terminated California
The United Nations,
Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world,
Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,
Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,
Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,
Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world,
Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,
1. Endorses the right of Coastal States to exercise sovereignty over their territorial sea, which they have the right to establish its breadth up to a limit not to exceed 12 nautical miles, provided that foreign vessels are allowed innocent passage through those waters;
2. Designates that ships and aircraft of all countries are allowed "transit passage" through straits used for international navigation, but that States bordering the straits can regulate navigational and other aspects of passage;
3. Recognizes that Archipelagic States, made up of a group or groups of closely related islands and interconnecting waters, have sovereignty over a sea area enclosed by straight lines drawn between the outermost points of the islands, and declares the waters between the islands archipelagic waters where States may establish sea lanes and air routes in which all other States enjoy the right of archipelagic passage through such designated sea lanes;
4. Endorses the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection;
5. Recognizes that all other States have freedom of navigation and overflight in the EEZ, as well as freedom to lay submarine cables and pipelines;
6. Declares that land-locked and geographically disadvantaged States have the right to participate on an equitable basis in exploitation of an appropriate part of the surplus of the living resources of the EEZ's of coastal States of the same region or sub-region; highly migratory species of fish and marine mammals are accorded special protection;
7. Declares that Coastal States have sovereign rights over the continental shelf (the national area of the seabed) for exploring and exploiting it, given the shelf can extend at least 200 nautical miles from the shore, and more under specified circumstances;
8. Requests that Coastal States share with the international community part of the revenue derived from exploiting resources from any part of their shelf beyond 200 miles;
10. Notes that all States enjoy the traditional freedoms of navigation, overflight, scientific research and fishing on the high seas, and urges them to adopt, or cooperate with other States in adopting, measures to manage and conserve living resources;
11. Emphasizes that the limits of the territorial sea, the exclusive economic zone and continental shelf of islands are determined in accordance with rules applicable to land territory, but rocks which could not sustain human habitation or economic life of their own would have no economic zone or continental shelf;
12. Expects states bordering enclosed or semi-enclosed seas to cooperate in managing living resources, environmental and research policies and activities;
13. Reaffirms the right of Land-locked States of access to and from the sea and enjoy freedom of transit through the territory of transit States;
14. Binds States to prevent and control marine pollution and finds them liable for damage caused by violation of their international obligations to combat such pollution;
15. Recognizes that all marine scientific research in the EEZ and on the continental shelf is subject to the consent of the coastal State, but in most cases they are obliged to grant consent to other States when the research is to be conducted for peaceful purposes and fulfils specified criteria;
16. Binds States to promote the development and transfer of marine technology "on fair and reasonable terms and conditions", with proper regard for all legitimate interests;
17. Obliges States Parties to settle by peaceful means their disputes concerning the interpretation or application of the Convention.
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Do any members of the UN have any thoughts on this draft proposal? Although I will probably cut much if not all of the preamble when submitting it formally for space reasons, I would like input before submitting it.
Lord Evif, Goobergunchian [Terminated California] UN Ambassador
Founder of the DU Region
[ooc: This is taken nearly verbatim from the RL United Nations Convention on the Law of the Sea, which can be found in its entirety here (http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm).]
Category: [I'm not really sure]
Strength: Significant
Submitted By: Terminated California
The United Nations,
Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world,
Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,
Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,
Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,
Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world,
Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,
1. Endorses the right of Coastal States to exercise sovereignty over their territorial sea, which they have the right to establish its breadth up to a limit not to exceed 12 nautical miles, provided that foreign vessels are allowed innocent passage through those waters;
2. Designates that ships and aircraft of all countries are allowed "transit passage" through straits used for international navigation, but that States bordering the straits can regulate navigational and other aspects of passage;
3. Recognizes that Archipelagic States, made up of a group or groups of closely related islands and interconnecting waters, have sovereignty over a sea area enclosed by straight lines drawn between the outermost points of the islands, and declares the waters between the islands archipelagic waters where States may establish sea lanes and air routes in which all other States enjoy the right of archipelagic passage through such designated sea lanes;
4. Endorses the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection;
5. Recognizes that all other States have freedom of navigation and overflight in the EEZ, as well as freedom to lay submarine cables and pipelines;
6. Declares that land-locked and geographically disadvantaged States have the right to participate on an equitable basis in exploitation of an appropriate part of the surplus of the living resources of the EEZ's of coastal States of the same region or sub-region; highly migratory species of fish and marine mammals are accorded special protection;
7. Declares that Coastal States have sovereign rights over the continental shelf (the national area of the seabed) for exploring and exploiting it, given the shelf can extend at least 200 nautical miles from the shore, and more under specified circumstances;
8. Requests that Coastal States share with the international community part of the revenue derived from exploiting resources from any part of their shelf beyond 200 miles;
10. Notes that all States enjoy the traditional freedoms of navigation, overflight, scientific research and fishing on the high seas, and urges them to adopt, or cooperate with other States in adopting, measures to manage and conserve living resources;
11. Emphasizes that the limits of the territorial sea, the exclusive economic zone and continental shelf of islands are determined in accordance with rules applicable to land territory, but rocks which could not sustain human habitation or economic life of their own would have no economic zone or continental shelf;
12. Expects states bordering enclosed or semi-enclosed seas to cooperate in managing living resources, environmental and research policies and activities;
13. Reaffirms the right of Land-locked States of access to and from the sea and enjoy freedom of transit through the territory of transit States;
14. Binds States to prevent and control marine pollution and finds them liable for damage caused by violation of their international obligations to combat such pollution;
15. Recognizes that all marine scientific research in the EEZ and on the continental shelf is subject to the consent of the coastal State, but in most cases they are obliged to grant consent to other States when the research is to be conducted for peaceful purposes and fulfils specified criteria;
16. Binds States to promote the development and transfer of marine technology "on fair and reasonable terms and conditions", with proper regard for all legitimate interests;
17. Obliges States Parties to settle by peaceful means their disputes concerning the interpretation or application of the Convention.
------
Do any members of the UN have any thoughts on this draft proposal? Although I will probably cut much if not all of the preamble when submitting it formally for space reasons, I would like input before submitting it.
Lord Evif, Goobergunchian [Terminated California] UN Ambassador
Founder of the DU Region
[ooc: This is taken nearly verbatim from the RL United Nations Convention on the Law of the Sea, which can be found in its entirety here (http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm).]