IN THEIR OWN WORDS KEY PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) Source: Oceans and Law of the Sea Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, New York

http://www.oceansatlas.com/unatlas/issues/governance_crime/oil_gas_min/oilgasmin.htm

Offshore Oil, Gas and Minerals

In the territorial sea, the coastal State has sovereignty over natural resources including non-living marine resources.  The sovereignty is exercised subject to UNCLOS and to other rules of international law (article 2).

(NOTE: UNCLOS gives a nation “sovereignty” over its own waters only if control over them is exercised in accordance with UNCLOS).

In the exclusive economic zone, the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, including non-living marine resources.  In exercising its rights and performing its duties in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States (article 56).

In the continental shelf, the coastal State has sovereign rights for the purpose of exploring and exploiting minerals and other non-living resources of the seabed and subsoil. Such rights are exclusive; if the coastal State does not explore the continental shelf or exploit its natural resources, including non-living resources, no one may undertake these activities without the express consent of the coastal State (article 77). 

In the continental shelf beyond 200 nautical miles from the baselines, the coastal State shall make payments or contributions in kind to the International Seabed Authority in respect of the exploitation of the non-living resources (article 82).

(NOTE: this provision mandates U.S. payments to the International Seabed Authority for transfer to Third World countries).

The Convention establishes that the Area, i.e., the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction, and its resources are the common heritage of mankind (articles 1 and 136).

The resources of the Area as defined in UNCLOS include oil, gas and minerals, in fact all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed (article 133).

(NOTE: These provisions give control over oil, gas and minerals in “international waters,” the “Area,” to the U.N.’s International Seabed Authority.)

The International Seabed Authority (the Authority) is the organization through which States Parties to UNCLOS shall organize and control activities of exploration and exploitation of the resources of the Area, particularly with a view to administering such resources (articles 1, 156 and 157). 

Exploration and exploitation of the resources of the Area are to be carried out for the benefit of mankind as a whole.  The Authority shall provide for the equitable sharing of financial and other economic benefits derived from such activities (article 140).

The regime for oil, gas and minerals in the international seabed Area, in fact all resources defined as above, is laid out in Part XI of UNCLOS and the Agreement relating to the Implementation of Part XI of UNCLOS (the Agreement on Part XI of UNCLOS).

(NOTE: These provisions authorize the International Seabed Authority to allow oil and gas drilling and mining in the Area as long as some of the profits go to Third World countries).

The main features of the regime include a parallel system of exploration and exploitation--private mining corporations, State enterprises and joint private-public entities, on the one hand, and an internationally owned and operated mining company, the Enterprise, on the other; adherence to the production policy of the Authority; adherence to the financial terms of contract between the Authority and the miners; and provision of economic assistance by the Authority to land-based producer developing countries which suffer adverse effects resulting from mining in the Area.

(NOTE: this provision creates a global socialist entity, the Enterprise, to exploit oil, gas and minerals for the benefit of the Third World).

States are required by UNCLOS to adopt laws and regulations to prevent, reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction as well as from artificial islands, installations and structures, over which they exercise jurisdiction. (Activities relating to offshore, oil and gas include seabed activities and man-made features.)  Such laws, regulations and measures must be no less effective than international rules, standards and recommended practices and procedures (articles 209 and 215). 

(NOTE: These provisions open a back door for the U.S. to be sued on the grounds that U.S. industrial and economic activities are polluting the oceans. As such, the unratified global warming treaty could be implemented through UNCLOS). 

Why Are They Lying to Us?

“The fact that the term ‘United Nations’ appears in the title of the LOS [Law of the Sea] Convention is legally meaningless and is an accident of history.”  

- Letter of April l7, 2004 from eight former State Department Legal Advisers: Herbert J. Hansell (Legal Adviser, 1977–1979), Edwin D. Williamson (Legal Adviser, 1990–1993), Roberts B. Owen (Legal Adviser, 1979–1981), Conrad K. Harper (Legal Adviser, 1993–1996), Davis R. Robinson (Legal Adviser, 1981–1985), David R. Andrews (Legal Adviser, 1997–2000), Abraham D. Sofaer (Legal Adviser, 1985–1990) and Michael J. Matheson (Acting Legal Adviser on various occasions).

Symbol of the International Seabed Authority

United Nations symbol

Symbol of the International Tribunal for the Law of the Sea

“Throughout the years, beginning with the work of the Seabed Committee in 1968 and later during the nine-year duration of the Third United Nations Conference on the Law of the Sea, the United Nations has been actively engaged in encouraging and guiding the development and eventual adoption of the Law of the Sea Convention. Today, it continues to be engaged in this process, by monitoring developments as they relate to the Convention and providing assistance to States, when called for, in either the ratification or the implementation process.”