Implementation and Ratification of UNCLOS a Regional Commentary

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Abstract
Coastal states, by their very nature, have sought to extend their maritime boundaries and jurisdiction over adjacent waters. Island states have sought to do the same. Land-locked states as well as shelf-locked states perceive themselves to be geographically disadvantaged and, naturally, do not approve of excessive claims to maritime territory. Negotiations to reconcile these differences and to codify a new law of the sea were held over a period of nine years culminating in the signing of the text and the Final Act at Montego Bay, Jamaica, on 10 December 1982. On that day, delegates from 117 states affixed their signatures to the document, the Third United Nations Convention on the Law of the Sea, 1982, referred to as UNCLOS III. The Convention provides rules for effectively governing the wealth and uses of the sea. These new laws hold immense promise for the developing nations. Provisions were incorporated into the text of the Convention to protect their rights and to share the oceans’ wealth. Nine years have lapsed since that historic day when the community of nations signified their general acceptance of the Articles contained in UNCLOS III. It is timely therefore to review the practice of coastal states of the Indian Ocean Basin in determining their maritime limits. This commentary focuses on the littoral and island states of the Indian Ocean Basin. It reviews the status and alliances of the signatories to UNCLOS III and examines the practice of the states in the implementation of certain provisions of UNCLOS II and in determining their maritime limits in the period since 1982. The essay highlights those areas where failure to reach a compromise in negotiations between the states has a potential for conflict. On the other hand, it notes that successfully negotiated maritime boundaries hold many advantages not only for the parties to the agreement but to users of the ocean.

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