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You Are Here: Home > Essay Topics > Business Topics for Essays & Research Papers > Economics  > Essay on The Law of the Sea Treaty

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Essay on The Law of the Sea Treaty

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The United Nations (UN) Convention on the Law of the Sea was originally signed in 1982 by 117 countries. It entered into force in November 1994. The Law of the Sea Treaty extended the territorial limits of a country's sovereignty from three nautical miles (3.4 standard miles or 5.5 kilometers) to 12 nautical miles (13.6 standard miles or 21.9 kilometers). In addition, countries were granted exclusive fishing rights for 200 nautical miles from shore (227 standard miles or 365 kilometers) and the rights to mineral, oil, and gas deposits within that area. This 200-mile national limit became known as a country's exclusive economic zone (EEZ).

Foreign companies had to negotiate agreements with each state to conduct business within its EEZ. Mineral and other resources beyond the 200-mile zone were declared common property of all people, and mining, fishing, or other extraction was to be governed by international agreements that developed quotas for individual nations and overall ceilings on annual takes. Revenues from seabed mining outside of the EEZs would be taxed, with royalties paid to the International Seabed Authority (ISA), comprised of representatives from signature states. The ISA would disperse the royalties to other international agencies and individual countries for environmental and development purposes. The Law of the Sea also guarantees legal commercial vessels the right of safe passage through a country's 12-mile territorial zone.

The United States and Great Britain initially refused to sign the convention, arguing that the prohibitions on seabed mining would constrain economic development. They also criticized the proposed ISA for its lack of oversight and control over revenues. In 1994, an agreement was reached to amend the Law of the Sea to address American concerns. The size and budget of the ISA was reduced, and the United States and other states were given veto power over ISA spending. The treaty was signed by the United States, but the Senate has not yet ratified the agreement. Nonetheless, the United States has declared that it views most of the treaty as a codification of customary international law, and it abides by the majority of the convention's provisions...

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