Introduction to the Special Issue

Abstract

The National Maritime Foundation (NMF) – India’s foremost maritime think tank and the only one that concentrates upon all facets of the maritime domain relevant to India – conducts intensive and extensive independent and policy-relevant research into a wide variety of issues that would enable the shaping and execution of optimal strategies for the preservation, promotion, and protection of the country’s maritime interests. Mindful of the opportunities offered by the fact that the year 2022 marks four decades in which the world’s oceanic governance has been guided by the United Nations Convention on the Law of the Sea (UNCLOS), 1982, the NMF has thought it prudent and useful to devote the Summer 2022 edition of its flagship journal, Maritime Affairs to commemoration of this seminal event and develop it as a Special Issue. The current edition thus comprises a number of thematic articles on UNCLOS – its ramifications, successes, and challenges. The preamble to the UNCLOS lays down the inspirations and principles that are elaborated upon in its subsequent articles. It reflects the desire of its member States to establish a legal order for the seas and oceans, and to promote peaceful use of the oceans with due regard for the sovereignty of all States. It also lays emphasis on the equitable and efficient utilisation of marine resources; conservation of living resources; and the study, protection, and preservation of the marine environment. The full text of the 1982 Convention consists of 320 articles and nine annexes, governing very nearly all aspects of the globe’s oceanic spaces, including delimitation, prevention and control of pollution, preservation and protection of marine environment and living resources, marine scientific research, economic and commercial activities, the transfer of technology, and the settlement of disputes relating to ocean matters. The codification process in respect of the UNCLOS commenced in 1949 when the International Law Commission (ILC), in its first session, drew up a provisional list of topics whose codification it considered to be necessary and feasible. Amongst these were the regime of the high seas and the regime of the territorial sea. The regime of the high seas was, in fact, included amongst the topics that were to be accorded the highest priority. In its second session, held in 1950, the ILC considered the question of the high seas, taking as a basis of discussion the report of its special rapporteur, JPA Francois. However, the ILC opined that it could not undertake the codification of the law of the high seas in all its aspects, and that it would, consequently, have to select subjects that it could take up in the first phase of its work. It was also decided to set aside, for the time being, subjects that were already being studied by other United Nations (UN) organs, or by specialised agencies, including subjects which, because of their technical nature, were not suitable for study. In its third session (1951), the ILC examined the second report submitted by the special rapporteur, with particular attention being focused upon chapters dealing with the continental shelf, conservation of the resources of the sea, sedentary fisheries, and the contiguous zone. It decided to publish a draft on these questions in accordance with its statute, and to invite member governments to submit their comments on this draft. The ILC also considered