CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ

THIRTY YEARS SINCE THE ENTRY INTO FORCE OF THE UN CONVENTION …

THIRTY YEARS SINCE THE ENTRY INTO FORCE OF THE UN CONVENTION ON THE LAW OF THE SEA (ITS CONTRIBUTION AND EVALUATION) Jan Ondřej Abstract: The 1982 UN Convention on the Law of the Sea is an important international treaty codifying the entire law of the sea, i.e., all parts of the sea and the seabed. It is a comprehensive document, the Convention entered into force in 1994. The Convention is the result of the Third Conference on the Law of the Sea, held in 1973–1982. The Convention reflects the technological development which occurred during the 60s and 70s, as well as the emergence of a number of new developing states which pursued their interests and that were not taken into account in the Geneva Convention of 1958. The Convention managed to resolve issues unresolved in the Geneva Conventions or unresolved at all. It was possible to reach an agreement on the maximum width of the territorial sea at 12 nautical miles. The legal regime of archipelagic states, or the detailed regime of straits used for international navigation, is completely new in the Convention. What is also completely new in the Convention is the regulation of the exclusive economic zone, which extends to a maximum distance of 200 nautical miles measured from the baseline. The exclusive economic zone thus represents a significant limitation of the high seas and the high seas regime. From the point of view of the overall legal regulation of the sea, the exclusive economic zone is the most significant change in the current legal regulation of the sea. In the Convention, the definition of the continental shelf is also modified and specified differently compared to the Geneva Convention of 1958. The regime of the seabed beyond the borders of national jurisdiction (Area), essentially the bottom of the high seas, which was not addressed by the Geneva Conventions, is completely new. It was also one of the main reasons for convening the Third Conference on the Law of the Sea. The Convention also represents a comprehensive regulation of the international marine environment. The Convention binds 168 contracting parties, and it is also important that non-contracting states mostly act in accordance with its provisions. In its substantive provisions, the Convention is largely considered to be an expression of customary international law. It is not a completely perfect document, there are some problems associated with its interpretation and implementation, for example, regarding the exclusive economic zone and the continental shelf. The UN Convention on the Law of the Sea is a living instrument and as such is still evolving. The proof is the adoption of three agreements that implement and develop its provisions. The role of the organs that were established on its basis for the implementation of its provisions is also significant. Other international organizations to which the Convention refers, especially the International Maritime Organization, also play an important role in the implementation of the Convention. Resumé: Úmluva OSN o mořském právu z roku 1982 je významnou mezinárodní smlouvou kodifikující celé právo moře, tj. všechny části moře i mořského dna. Jedná se o komplexní dokument, Úmluva vstoupila v platnost v roce 1994. Úmluva je výsledkem III. konference o mořském právu, která se konala v letech 1973–1982. Úmluva reflektuje technologických vývoj ke kterému došlo v průběhu 60. a 70 let a také vznik celé řady no-

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