LAW OF THE

SEA
Week 1
What comes
to your mind
when you
think of the
Law of the
Sea?
Scuba Diving and Snorkelling
Cruise Ships
Fish (Tuna-Salmon-Sharks)
Albatross (sea birds)
Whales (marine mammals)
Piracy (maritime security)
Oil and Gas
Navy and Coastguard
Marine pollution
Sovereignty and Jurisdiction
Maritime boundary

And the list goes on….

In considering the historical development of the law of the
sea, what were the rationale behind Grotius’ advocacy
for mare liberum and Selden’s support for mare clausam? In
considering mare liberum and mare clausam, which do you
think is the most tenable foundation for the law of the sea in
the current international system?  Why?

Tutorial Question 1
What are the key rights accorded to “disadvantaged” and
land-locked states under the law of the sea? And what
specific duties are imposed on coastal states in relation to
“disadvantaged” and land-locked states?  Do you think these
are adequate for “disadvantaged” and land-locked states? 
Why or why not?

Tutorial Question 2
What are the principal motivations for states in
becoming parties to UNCLOS? Do you think the
same reasons apply equally (or should apply
equally) for the United States?

Tutorial Question 3
Rest of the world United States

UNCLOS is a controversial and fatally

UNCLOS is a flawed treaty. Accession to the
constitution for the convention would result in a dangerous
ocean loss of American sovereignty.
(167 States have ratified it) (Steven Groves, Bernard and Barbara Lomas
Senior Research Fellow)
 Why US has not signed UNCLOS?

• By becoming a party to UNCLOS, US will be bound to pay royalty to the International

Seabed Authority for redistribution to developing and landlocked states.

• Pursuant to Article 309, UNCLOS forbids states parties from submitting reservations
and exceptions.

• There’s no legal barriers that prevent US to access, explore, and exploit the resources
of the deep seabed. 
 Why US has not signed UNCLOS?

• A compulsory dispute settlement process will oblige US to defend disputes

brought against it. “Any decision rendered by a court or tribunal having
jurisdiction under this section shall be final..” Article 296 of UNCLOS.

• Most rights included in UNCLOS are customary rights, so the US does not
need to be a party to the treaty to claim or avail those rights.