UNCLOS I AND UNCLOS II

1. Introduction

Before the adoption of the United Nations Convention on the Law of the Sea, 1982, the international community made two major attempts to codify the Law of the Sea under the United Nations framework. These attempts are known as:

  • UNCLOS I (1958)
  • UNCLOS II (1960)

Both conferences were held at Geneva and were aimed at converting customary maritime rules into written international law. Although partially successful, they failed to resolve some crucial issues, which ultimately led to the adoption of UNCLOS 1982.

2. UNCLOS I – First United Nations Conference on the Law of the Sea (1958)

2.1 Background of UNCLOS I

By the mid-20th century, States began asserting conflicting claims over maritime areas due to:

  • Expansion of international trade
  • Increasing importance of fisheries
  • Discovery of offshore oil and gas
  • Strategic military considerations

Customary rules governing the seas were uncertain and fragmented, creating the need for formal codification. To address this, the United Nations convened the First Conference on the Law of the Sea in 1958.

2.2 Objectives of UNCLOS I

UNCLOS I aimed to:

  • Codify existing customary rules of the Law of the Sea
  • Reduce conflicts arising from overlapping maritime claims
  • Provide legal clarity regarding maritime rights and duties
  • Balance coastal State interests with freedom of navigation

The focus was codification rather than innovation.

2.3 Major Outcomes of UNCLOS I

UNCLOS I resulted in the adoption of four separate conventions, which together formed the first comprehensive treaty framework on the Law of the Sea.

(a) Convention on the Territorial Sea and Contiguous Zone

  • Recognised coastal State sovereignty over the territorial sea
  • Introduced the concept of innocent passage
  • Recognised the contiguous zone for limited enforcement purposes

(b) Convention on the High Seas

  • Codified freedoms of the high seas
  • Affirmed exclusive jurisdiction of the flag State
  • Addressed piracy and hot pursuit

(c) Convention on the Continental Shelf

  • Recognised coastal State rights over seabed and subsoil
  • Linked continental shelf rights to resource exploitation

(d) Convention on Fishing and Conservation of Living Resources of the High Seas

  • Introduced conservation obligations
  • Recognised the need for scientific management of fisheries

2.4 Achievements of UNCLOS I

UNCLOS I was significant because it:

  • Converted many customary rules into written law
  • Brought legal clarity to several maritime issues
  • Represented the first global effort at codifying the Law of the Sea

2.5 Limitations of UNCLOS I

Despite its success, UNCLOS I failed to resolve some critical issues, particularly:

  • Breadth of the territorial sea
  • Fishing rights beyond the territorial sea

States remained divided between:

  • Those favouring narrow territorial seas (maritime powers)
  • Those demanding wider control (coastal and developing States)

This failure made a second conference inevitable.

3. UNCLOS II – Second United Nations Conference on the Law of the Sea (1960)

3.1 Background of UNCLOS II

UNCLOS II was convened primarily to resolve the unresolved issues of UNCLOS I, especially the question of:

  • How wide the territorial sea should be
  • How fishing rights should be regulated

The absence of agreement on these issues continued to cause international disputes.

3.2 Objectives of UNCLOS II

The main objectives were:

  • To fix a universally accepted breadth of the territorial sea
  • To determine fishing rights beyond the territorial sea
  • To reach consensus among competing State interests

Unlike UNCLOS I, this conference had a narrow and focused agenda.

3.3 Proceedings and Outcome of UNCLOS II

UNCLOS II proposed:

  • A six-nautical-mile territorial sea, and
  • An additional six-nautical-mile exclusive fishing zone

However, this proposal:

  • Failed to achieve the required majority
  • Missed adoption by one vote only

As a result:

  • No new convention was adopted
  • The conference ended without a binding legal outcome

3.4 Reasons for the Failure of UNCLOS II

UNCLOS II failed due to:

  • Sharp division between maritime and coastal States
  • Conflicting economic and security interests
  • Lack of political compromise

States were unwilling to surrender strategic or economic advantages, making consensus impossible.

4. Comparative Evaluation of UNCLOS I and UNCLOS II

Nature and Scope

  • UNCLOS I had a broad codification agenda and partial success
  • UNCLOS II had a narrow agenda and failed to deliver results

Legal Impact

  • UNCLOS I produced binding conventions
  • UNCLOS II produced no binding treaty

Political Significance

  • Both conferences exposed deep divisions among States
  • Highlighted the need for a more inclusive and comprehensive approach

5. Significance of UNCLOS I and UNCLOS II in the Evolution of the Law of the Sea

Although UNCLOS I and UNCLOS II were incomplete solutions, they played a crucial role by:

  • Identifying unresolved maritime issues
  • Demonstrating the limitations of piecemeal codification
  • Creating momentum for a comprehensive convention

Their failures directly contributed to the convening of the Third United Nations Conference, which ultimately resulted in UNCLOS 1982.

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