CHAPTER
VII
CONFERENCES ON THE LAW OF THE SEA
First Conference
The United Nations convened the First Conference
on the Law of the Sea in Geneva in 1958. Colombia's delegates to this
Conference were José Joaquín Caicedo Castilla and Juan
Uribe Holguín, both former Ministers of Foreign Affairs.
Four conventions were signed during the course
of the Conference, the projects for which had been prepared by the
UN Legal Committee, i.e.
1. The Convention on Territorial
Waters and Contiguous Zone.
No agreement was reached there as to the extension
of territorial waters, which therefore countries had been establishing
within their national legislations. Initially it was 3 miles, which
corresponded to the distance covered by a cannon, since it was said
that the power of the land went as far as the force of arms could
reach ("potestas terrae finitur ubi finitur armorum vis").
Some countries had already extended out to 12 miles.
The measurement of territorial waters was regulated
by means of straight base lines. The topic of vessels right to innocent
passage was discussed. Procedures were defined for marking boundaries
between territorial waters corresponding to countries with adjacent
or coasts facing each other, by means of a median or equidistant line,
except when special circumstances of historical rights justify some
other boundary.
Islands were defined as natural extensions of
land, surrounded by water that lie above the sea´s level on
high seas.
The conventions on Territorial Waters and Maritime
Platforms recognize the maritime area of islands.
Regulations concerning inland waters was also
established, including legal bays and the existence of historical
bays.
2. Convention on Continental Platform.
The platform is defined as the bed and subsoil
of the underwater zones adjacent to the coasts of a State, but outside
its territorial waters, up to a depth of 200 meters or farther out
than this limit up to where the depth of waters allows exploitations
of resources.
Coastal states exercise jurisdiction over the
exploitation of natural resources, such as mineral as well as other
non-living resources, and over living resources belonging to sedentary
species found on the Platform or in contact with it.
Systems for defining platform boundaries between
countries with adjacent or facing coasts were provided for, by agreement
of the parties or by a median or equidistant line, except under especial
circumstances that justify some other boundary.
Basic rules on boundaries are equivalent in the
two conventions on Territorial Waters and Contiguous Zone and on Platforms
and contain a general rule: agreement of the parties; median or equidistant
line, special circumstances that justify another decision. However,
there are different shades, according to whether it is a case of territorial
waters or overlying platforms, and whether it is a case of facing
coastlines (median line) or adjacent coasts (equidistant).
3. Convention on the High Seas.
This convention regulates free navigation on High Seas,
free fishing, the right to lay cables and underwater pipelines and
the right to fly over high seas. Nationality of vessels and pirating
is regulated.
4. Convention on Fishing and Conservation
of Living Resources on the High Seas.
This Convention regulates matters related to
fishing and conservation of resources. Its particularity consists
of the manner in which parties settle controversies on issues regulated
herein, at the request of either of the parties, by a Commission of
five members appointed by mutual agreement between the parties or
, in the absence of agreement, by the Secretary General of the United
Nations in consultation with the parties and with the President of
the International Court of Justice and the Director of the FAO.
Colombia ratified the Conventions on Platforms
and Fishing. However, it has failed to do the same with the Conventions
on Territorial Waters and High Seas.
Some countries, such as France and Venezuela,
expressed some reservations with respect to articles dealing with
boundary setting: 12 and VI respectively of the Territorial Waters
and Platform Conventions.
Second Conference
In 1960 a Second Conference was held on the Law of
the Sea in Geneva, dealing principally with Territorial Waters. Due
to the lack of one vote, international recognition was not given to
a statement that territorial waters must not exceed 12 miles from
shore.
Third Conference
Later, during the seventies, the UN held a third
large conference on Law of the Sea. It was preceded by a large number
of meetings and decisions by countries, such as a claim to a 200 mile
limit for territorial waters by the South Pacific countries. Additionally,
there were meetings by countries of several regions. Latin Americans
met in Mexico and Santo Domingo, and proposed the creation of a 200
mile zone classified as an economic zone, called by some the epicontinental
zone, instead of 200 miles of territorial waters.
Conference meetings, both preparatory and negotiation
meetings, lasted almost ten years, and were attended by renowned personages
and distinguished attorneys.
The Conference ended in the signing of the UN
Convention on the Law of the Sea at Montego Bay on December 10, 1982.
Although, signing of the Convention had been
programmed for Caracas, Venezuela, this country withdrew its offer
as site and voted against the Convention due to disagreement with
several of its provisions. The United States, Israel and Turkey did
the same. There were numerous abstentions including the German Federal
Republic, Belgium, Spain and Soviet Union, in addition to several
pro-Communist states.
The Secretary of the Third Maritime Conference
was the eminent Colombian legalist and bemoaned attorney, Bernardo
Zuleta Torres, as delegate of the Secretary General.
Acting on behalf of Colombia were Ambassadors
Germán Zea Hernández, Antonio José Uribe and
Hector Charry Samper. Within the delegation, Ambassador José
Joaquín Gori gave a brilliant performance.
The Conference established fundamental reforms
in the Law of the Sea, in a single Convention (instead of the four
of 1958 in Geneva).
It is impossible to summarize this extensive
Convention, containing 320 articles, in addition to vast annexes on
the Commission on Continental Platform Boundaries, Enterprise Law,
conciliation procedures, the International Court of Maritime Law,
Arbitration, Special Arbitration and Participation of International
Organizations. However, we will mention some topics of interest.
Territorial Waters
Boundary lines between territorial waters are
governed by a provision analogous to Article 12 of the 1958 Convention:
agreement between the parties, median line, exception for special
circumstances and historical rights.
In Article 3 the extent of territorial waters
is finally defined as not to exceed 12 miles, measured from the base
lines. The drawing of base lines is also regulated.
Further regulation of inland waters is established:
those between base lines and coastlines, those of inlets and bays
(legal) the mouths of which do not exceed 24 miles. The existence
of historical bays is respected.
The innocent passage of vessels (pertaining
to Territorial Waters) is regulated, as well as jurisdiction aboard
vessels, depending on whether they are merchant or war ships.
Contiguous zones are regulated, as well as governance
of straits.
There are numerous provisions relating to island
nations.
Exclusive Economic Zone
Organization of the exclusive economic zone
is one of the Conventions great reforms. This zone has a with of 200
miles measured from the base lines, but exists only from territorial
waters.
Coastal states exercise sovereignty in the Exclusive
Economic Zone for exploration, exploitation, conservation and administration
of living and non-living resources in waters overlying the bed, and
the bed itself and subsoil.
In contrast to territorial waters in which the
coastal state exercises sovereignty over the zone, in the same manner
it exercises sovereignty over its territory, with limitations such
as innocent passage, in the case of the Platform and Exclusive Economic
Zone, jurisdiction is exercised only over the exploitation of the
resources on the platform, on the bed and in the subsoil. In the economic
zone it is exercised over resources found in overlying waters, extending
to the bed and subsoil, but sermingly this is applied only when the
zone exceeds the platform.
The Shelf
The Convention basically modifies definition
of the platform, given that it is extended to the outer edge of the
continental border or up to a distance of 200 miles in cases in which
the border does not reach that distance.
The continental border includes underwater prolongation
of the continental mass of the coastal state and is made up of the
bed and subsoil of the platform, the slope and continental immersion.
When the edge exceeds 200 miles, the coastal
state will establish it and will inform the Continental Platform Border
Commission. The Continental Shelve shall not extend beyond 350 miles
from the base lines nor 120 miles from the isobathe (depth) of 2,500
meters, but does not include sea beds.
The drawing of boundary lines of the shelves
must be carried out through agreement of the parties, base on international
law, in order to seek an equitable settlement. In the absence of an
agreement, the procedure provided for in Part XV shall be applied.
Regulations governing islands were modified
by withdrawing recognition of platform and exclusive economic zone
for rocks with no population or independent economic life.
The Zone
The creation of the Zone (different from the
Exclusive Economic Zone) is the other great reform of the Convention.
The Zone includes sea beds. It states that the Zone and its resources
are the common property of mankind, on behalf of which the Authority
will act with headquarters in Jamaica.
The Authority is composed of an Assembly made
up of all members; the Council formed by 36 members elected by the
Assembly, as executive body, with two commissions, one for economic
planning and another legal and technical one; and the Secretariat.
The Enterprise also exists in order to carry out activities in the
Zone, although they can also be carried out by the States in association
with the Authority.
High seas are likewise regulated.
There are laws regarding the protection and
preservation of the marine environment and scientific marine research.
The system for settlement of disputes is very
complex; party states can accept several alternatives, such as the
International Court of Maritime Law, the International Court of Justice,
the arbitration or special arbitration courts regulated within the
Convention. In any case, the fundamental fact is that there is always
some obligatory jurisdiction for the settlement of disputes.
The convention does not allow any reservations
to be formulated with respect to its articles. Due to this fact, several
important countries voted against the Convention or abstained from
voting.
Colombia, although a signatory of the Convention
has yet to ratify it.
However, for all legal purposes, Law 12 of 1978
regulates the jurisdiction of the country over marine and underwater
zones.
