UN Convention on the Law of the Sea

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) was concluded in 1982 and entered into force in 1994. UNCLOS has been described as the “constitution for the oceans” due to its comprehensive coverage of oceans issues, its “package deal” character in which reservations are impermissible, the hurdles placed in the way of amendment, and its nearly universal membership. UNCLOS also has a strong environmental focus, providing a unifying framework for the sustainable use of living and nonliving marine resource and the protection of the marine environment from pollution and other impacts. One of the strengths of UNCLOS in addressing marine environmental issues is its “umbrella” character; setting out high level obligations that enable the adoption of more specific rules through other treaties. Through its framework approach, UNCLOS has also provided the legal basis for the implementation of contemporary principles of environmental protection including the ecosystem approach, the precautionary principle, and ecologically sustainable development.