7.1 Law of the Sea

The United Nations Convention on the Law of the Sea was adopted in the year 1982 and came into force in November, 1994. India ratified the UN Convention on the Law of the Sea, along with the Agreement relating to the Implementation of Part XI of the Convention in June, 1995. Ratification of the Convention, together with the Agreement, entitles India :

to enforce its rights and jurisdiction in various maritime zones such as territorial sea, contiguous zone, continental shelf, Exclusive Economic Zone, etc.;

to protect its economic, security and navigational interests;

to delineate the limits of the continental shelf upto 350 nautical miles where the continental shelf extends beyond 200 nautical miles in the Arabian Sea and Bay of Bengal in accordance with the provision of Article 76 of the Convention by submitting supporting scientific and technical data to the Commission on the Limits of Continental Shelf;

to determine the outer edge of the continental margin in the southern part of Bay of Bengal on the basis of sedimentary thickness;

to seek election to the organs of the International Seabed Authority as a full member;

to seek election to the Tribunal and to the Commission on the Limits of the Continental Shelf, etc.

International Seabed Authority

With the coming into force of the UN Convention on the Law of the Sea, the inaugural meeting of the Assembly of the International Seabed Authority was held at the headquarters of the Authority, in Kingston, Jamaica, in November, 1994. This was followed by the first session of the Assembly from 27th February to 17th March,95. The most important item of the agenda was to establish the Council of the Authority which is the executive organ of the Authority. All decisions relating to seabed related activity, including policies, would be taken by the Council. This important body comprises 36 member States under the following chambers, namely:

Chamber A: Four members from among those State Parties which during the last 5 years have either consumed more than 2% in value terms of total world consumption or have had net imports of more than 2% in value terms of total world import of the commodities produced from the category of minerals to be derived from the Area, provided that the four members shall include one State from the East European region, having largest economy in that region in terms of gross domestic product.

Chamber B: Four members from among 8 State Parties which have made the largest investments in preparation for and in the conduct of activities in the Area directly or through their nationals.

Chamber C: Four members from among the State Parties which on the basis of production in areas under their jurisdiction are major net exporters of the category of minerals to be derived from the Area including at least two developing States whose export of such minerals have a substantial bearing upon their economies.

Chamber D: Six members from among developing States representing special interests, viz. large populations, land-locked or geographically disadvantaged, island States, major importers of the categories of minerals to be derived from the Area, potential producers of such minerals and least developed countries.

Chamber E: 18 members elected according to the principle of equitable geographical distribution of seats in the Council as a whole, provided that each geographical region shall have at least one member elected under this category.

In accordance with the provisions of the Agreement relating to the Implementation of Part XI of the UN Convention of the Law of the Sea, decisions on matters of substance would be taken by a two-third majority of the members present and voting, provided that such decisions are not opposed by majority in any of the chambers, as mentioned above.

Being the first registered Pioneer Investor, India was keen to be elected under the Investors' Category in Chamber B in the Council. After successive meetings in the year, 1995, India was finally elected as a member of the Council in Chamber B in March, 1996, for a two year term from 1996 - 98 and, after a gap of two years i.e. from 1998 - 2000, India will be re-elected in the year 2000 for a four year term. With the establishment of the Council, the election of the General Secretary of the Authority was taken up. Shri Satya Nandan of Fiji has been elected as the first Secretary General of the Authority.

Following the composition of the Council and the election of the Secretary General of the Authority, the International Seabed Authority is now in a position to take up substantive matters concerning seabed activity.

International Tribunal for the Law of the Sea

The UN Convention established the International Tribunal for the Law of the Sea. The election of the members of the Tribunal is scheduled to be held on 1st August,96. After successive meetings of the State Parties to the Law of the Sea Convention in 1995, certain matters relating to practical arrangements for the establishment of the International Tribunal for the Law of the Sea, including the question of the official languages of the Tribunal, the initial budget etc. have been finalised. The Headquarters of the Tribunal in accordance with the Convention is Hamburg, Germany. The official languages of the Tribunal will be English and French.