44
Y. Jin
3.2.2 Basic Contents of the UNCLOS
Based on the development process of the UNCLOS especially the first two stages
above, the UNCLOS mainly includes the following content.
Firstly, it contains basic or general provisions, including Foreword and Part I
(Introduction: Use of Terms and Scope), Part XVI (General Provisions), Part XVII
(Final Provisions), Annex I (Highly Migratory Species) and Annex IX (Participation
by International Organizations).
Secondly, it establishes various ocean management systems, including Part II
(Territorial Sea and Contiguous Zone), Part V (Exclusive Economic Zone), Part VI
(Continental Shelf) and Annex II (Commission on the Limits of the Continental
Shelf), Part VII (High Seas), Part XI (the Area), Annex III (Basic Conditions of
Prospecting, Exploration and Exploitation) and Annex IV (Statute of the Enterprise),
as well as the Agreement on the Implementation of Part XI and Implementation
Agreement on Straddling Fish Stocks.
Thirdly, it is of the Content and the System on Functions of the Sea. For example,
Part III (Straits for International Navigation), Part XII (Protection and Preservation
of the Marine Environment), Part XIII (Marine Scientific Research) and Part XIV
(Development and Transfer of Marine Technology) of the UNCLOS.
Fourthly, it regards the Special System on the Sea. For example, Part IV
(Archipelagic States), Part VIII (Regime of Islands), Part IX (Enclosed or Semienclosed Seas), Part X (Rights of Access of Land-Locked States to and from the Sea
and Freedom of Transit) of the UNCLOS.
Fifthly, the system of settlement of maritime disputes includes Part XV (Settlement of Disputes), Annex V (Conciliation) and Annex VI (Statute of the International
Tribunal for the Law of the Sea), Annex VII (Arbitration) and Annex VIII (Special
Arbitration) of the UNCLOS.
These provisions form the basic content of the UNCLOS. During the development
stages of the UNCLOS, three organizations (the Commission on the Limits of the
Continental Shelf, the International Sea-bed Authority, and the International Tribunal
for the Law of the Sea) have helped to develop theory and practice in the law of the
sea, which constitutes an important integral part of the UNCLOS.
9
3.3 Basic Principles of the UNCLOS
From the Foreword of the Convention, it is concluded that the purpose of formulating
this Convention is to establish, with due regard for the sovereignty of all States, a legal
order for the seas and oceans which will promote the peaceful uses of the seas and
oceans, the equitable and efficient utilization of their resources, and the conservation
9 For details on the development and challenges in theory and practice of these three organizations
created according to the United Nations Convention on the Law of the Sea, please see Yongming
(2015). Also see Yongming (2016).
Y. Jin
3.2.2 Basic Contents of the UNCLOS
Based on the development process of the UNCLOS especially the first two stages
above, the UNCLOS mainly includes the following content.
Firstly, it contains basic or general provisions, including Foreword and Part I
(Introduction: Use of Terms and Scope), Part XVI (General Provisions), Part XVII
(Final Provisions), Annex I (Highly Migratory Species) and Annex IX (Participation
by International Organizations).
Secondly, it establishes various ocean management systems, including Part II
(Territorial Sea and Contiguous Zone), Part V (Exclusive Economic Zone), Part VI
(Continental Shelf) and Annex II (Commission on the Limits of the Continental
Shelf), Part VII (High Seas), Part XI (the Area), Annex III (Basic Conditions of
Prospecting, Exploration and Exploitation) and Annex IV (Statute of the Enterprise),
as well as the Agreement on the Implementation of Part XI and Implementation
Agreement on Straddling Fish Stocks.
Thirdly, it is of the Content and the System on Functions of the Sea. For example,
Part III (Straits for International Navigation), Part XII (Protection and Preservation
of the Marine Environment), Part XIII (Marine Scientific Research) and Part XIV
(Development and Transfer of Marine Technology) of the UNCLOS.
Fourthly, it regards the Special System on the Sea. For example, Part IV
(Archipelagic States), Part VIII (Regime of Islands), Part IX (Enclosed or Semienclosed Seas), Part X (Rights of Access of Land-Locked States to and from the Sea
and Freedom of Transit) of the UNCLOS.
Fifthly, the system of settlement of maritime disputes includes Part XV (Settlement of Disputes), Annex V (Conciliation) and Annex VI (Statute of the International
Tribunal for the Law of the Sea), Annex VII (Arbitration) and Annex VIII (Special
Arbitration) of the UNCLOS.
These provisions form the basic content of the UNCLOS. During the development
stages of the UNCLOS, three organizations (the Commission on the Limits of the
Continental Shelf, the International Sea-bed Authority, and the International Tribunal
for the Law of the Sea) have helped to develop theory and practice in the law of the
sea, which constitutes an important integral part of the UNCLOS.
9
3.3 Basic Principles of the UNCLOS
From the Foreword of the Convention, it is concluded that the purpose of formulating
this Convention is to establish, with due regard for the sovereignty of all States, a legal
order for the seas and oceans which will promote the peaceful uses of the seas and
oceans, the equitable and efficient utilization of their resources, and the conservation
9 For details on the development and challenges in theory and practice of these three organizations
created according to the United Nations Convention on the Law of the Sea, please see Yongming
(2015). Also see Yongming (2016).