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Implementations of the law of the sea convention in Sri Lanka
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Transcript of Implementations of the law of the sea convention in Sri Lanka
GOOD MORNING !
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IMPLEMENTATIONS OF THE LAW OF THE SEA CONVENTION IN SRI LANKA.
R.M.T.D. Madusanka,
AS2012135,
3rd year.2
…………………CONTENTS…………………
1. Role of the seas in the world.
2. Rising the concept of universal law for seas.
3. Beginning of the UNCLOS.
4. The convention.
5. Objectives.
6. UNCLOS and Sri Lanka.
7. Implementations of UNCLOS in Sri Lanka.
8. Conclusion.
9. Resource persons.
10. References. 3
ROLE OF SEAS IN THE WORLD.Cover more than 70% of the Earth.
Seas ,
-Bear living & non living resources ,
& Energy sources.
-Transportation media for people and trade.
-Produces considerable amounts of oxygen we breathe.
-Moderates global climate conditions.
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RISING THE CONCEPT OF “UNIVERSAL LAW FOR SEAS”
Exploitation of the resources in seas. Increasement in maritime trade. Economic value of offshore energy, mineral, and
living resources. Narrow belt of sea surrounding a nation's
coastline.Growing competition between coastal nations.
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BEGINNING OF THE UNCLOS.
1958 – UNCLOS I. 1960 – UNCLOS II.1967 – UNCLOS III.1982 - Signed Convention. 1994 - Ratified Convention. 6
THE CONVENTION.
Define the rights and responsibilities of nations in their use of the world's oceans.
155 states & European union.Now regarded as a Customary international law.
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OBJECTIVES.
1. Protect the economic, environmental, and national security concerns of coastal states.
2. Strengthen the state sovereignty up to 200 miles offshore (called the Exclusive Economic Zone—EEZ).
3. Protect the marine environment.
4. Protect the freedom of navigation.
5. Maintenance of international peace.8
UNCLOS AND SRI LANKA.
Participated the UNCLOS-I in 1958.At the UNCLOS III Sri Lanka served as a very
active member in order to proclaim their Maritime Zones in accordance with newly emerging trends in International Law.
Focal point- Ministry of fisheries and marine resources. 9
ENFORCEMENT OF THE CONVENTION IN SRI LANKA. 1. Maritime Pollution Prevention Act No. 35 of 2008
2. Merchant shipping Act No. 52 of 1971 3. Fisheries and Aquatic Resources Act of 1996 4. National Aquatic Resources Authority Act No.354 of 1981 5. Mines and Minerals Law No. 4 of 1972 6. Sri Lanka Ports Authority act No. 51 of 1979 7. Coast Conservation Act No. 57 of 1981 8. National Environmental Act No. 7 of 1980 9. Admiralty Jurisdiction Act No. 40 of 1983 10. Piracy Act No. 9 of 2001 11. Suppression of Unlawful Acts Against the Safety of Maritime Navigation Act No.42 of 2000 12. Carriage of goods by Sea Act No. 21 of 1982 13. Petroleum Resources Act No. 26 of 2003 14. Navy Act No. 20 of 1950 15. Fauna and Flora Protection Ordinance No. 2 of ?'9?'31987 16. Law on the Protection of the Maritime Cultural Heritage 17. Fisheries (Regulations of Foreign Fishing boats Act No. 59 of 1979)
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IMPLEMENTATIONS OF UNCLOS IN SRI LANKA.
1. Exclusive Economic Zone.2. DEOCOM project.3. Claiming The Kachchativu Island.4. Prevent illegal fisheries in Sri Lankan seas.5. Sethusamudram project.6. Port city project.7. Exploitation of petroleum in Mannar basin.8. Anti-piracy activities. 11
1. ESTABLISHMENT OF 200M EXCLUSIVE ECONOMIC ZONE.
Part V of the convention.
EEZ is the seas beyond the territorial sea extending to 200 nautical miles.
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Approximate Land and Sea Areas of Sri Lanka (Square km)
• Land Area 65,525 • Internal Waters 1570 • Territorial Sea 18,060 • Contiguous Zone 19,620 • Exclusive Economic Zone
437,400
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2. DEOCOM PROJECT.
DEOCOM project - Delimitation of the Outer Edge of the Continental Margin of Sri Lanka.
According to the technical guidelines issued by the convention Article 76
Sri Lanka was successful in making its submission on 8th May 2009.
It is unlikely that our claim will be taken up for hearing before 2025.
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3. CLAIMING THE KACHCHATIVU ISLAND.
Bilateral agreement (1974) Determine the maritime boundary in Palk strait as UNCLOS.
Kachchativu Island was fallen in side the Sri Lankan maritime boundary.
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4. UNCLOS AND FISHERIES IN SRI LANKA.
UN Fish Stocks Agreement- Conservation and Management of Straddling & Highly Migratory Fish Stock
Sri Lanka has ratified the UN Fish Stocks Agreement in October 1996.
Fishing Vessel Registration.
Prevent illegal activities & fishing fisheries in Sri Lankan seas.
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5. PORT CITY PROJECT AND UNCLOS.
According to the article 60 of the part VI , a coastal island has a right to the establishment and use of artificial islands, installations and structures.
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6. SETHUSAMUDRAM PROJECT.
Construction of a canal through the Palk Strait.
Sri Lankan Government has been voiced objections regarding damage to the marine environment.
Build a pressure on India to withdraw the project based on 3 articles(123,197,206) of the UNCLOS.
Project was postponed. 18
7. EXPLORATION OF PETROLEUM RESOURCES IN MANNAR BASIN.
According to the article 56 of the convention, coastal states have the right of exploiting natural resources in their EEZ
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8. ANTI-PIRACY ACTIVITIES.Sri Lanka provides anti piracy protection for the ships.
According to the article 100Sea marshal training programs.Provide onboard security.
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CONCLUSION.
Strengthens peace, security, cooperation and friendly relations among all States.
In the case of Sri Lanka it helps to,1. Maximize the ocean resources.
But sometimes Sri Lanka failed to utilize the resources that we have, due to many reasons. Petroleum - Lack of technology. Fishery - Political issues.
2. Protect the marine environment.
3. Development programs related to the sea
There is no enough communication among authorities who implement the convention in Sri Lanka. It should be improved.
Sri Lanka is very active member of the UNCLOS. UNCLOS is a very successful convention. 21
RESOURCE PERSONS.
Miss. Kumari withana,
Legal officer,
Ministry of fisheries & marine resources.
Mr. Asoka Jayaweera,
Ministry of fisheries & marine resources.
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REFERENCES.
Claiming the sea area belonging to Sri Lanka according to the United Nations Convention on the Law of the Sea (UNCLOS) - Tantrigoda D.A http://jnsfsl.sljol.info/article/abstract/10.4038/jnsfsr.v38i1.1720 /
Handbook on MEAs – Ministry of environment & renewable energy. http://www.indexmundi.com/sri_lanka/maritime_claims.html http://www.sundaytimes.lk/041010/plus/2.html http://
www.sundaytimes.lk/140914/sunday-times-2/kachchativu-law-of-the-sea-and-lankas-sovereignty-117465.html
IMPLEMENTATION OF MEASURES TO PREVENT, DETER AND ELIMINATE IUU FISHING http://www.fisheriesdept.gov.lk/fisheries_beta/index.php/sri-lanka-national-plan-of-action-to-prevent-deter-and-eliminate-illegal-unreported-and-unregulated-iuu-fishing?showall=&start=6
http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData.do?redirect=true&treatyId=511
http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=92720
http://www.sundaytimes.lk/041010/plus/2.html
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THANK
YOU !24