A ‘Constitution for the Oceans'

This analysis of the making of the UN law of the sea treaties which culminated in the 1982 law of the sea convention uses archival sources to trace the transformation of diverse national interests into international law, and the reshaping of that law over successive international conferences.

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The UN Convention on the Law of the Sea, signed in 1982, was the culmination of half a century of legal endeavour. Earlier attempts to create a treaty regime governing the ocean — at League of Nations and United Nations conferences in 1930, 1958 and 1960 — had all failed to settle the breadth of the territorial sea, and in two cases failed to settle anything at all. During the negotiations, legal concepts were formulated and reformulated: straight baselines inspired archipelagic baselines; fishing conservation zones became exclusive economic zones; innocent passage through straits metamorphosed into transit passage through straits; and the seabed common heritage was replaced by the parallel system of seabed exploitation. Many of the issues that animated the delegates during the negotiations — ocean pollution, over-fishing, naval mobility, continental shelf claims and the impact of seabed mining — continue to exercise policymakers and lawyers to this day.