1. Hansard, H. C., Vol.298, Written Answers, col.397. An identical statement was made in the House of Lords.Google Scholar

2. The process in the UN began in 1967, with the inscription of the item concerning the exploitation of mineral resources of the deep seabed on the agenda of the 22nd session of the General Assembly. The Third UN Conference on the Law of the Sea began in Dec. 1973 and concluded in Dec. 1982.

3. Hansard, H. C., Vol.33, col.410 (2 12 1982).Google Scholar

4. Idem, Vol.69, cols.642–644 (6 Dec. 1984).

5. See e.g. the statement by the Belgian government in the UN Secretary-General's annual publication Multilateral Treaties deposited with the Secretary-General.

6. Secretary-General Perez de Cuellar was reacting to an offer made by the developing States in the meeting of the Preparatory Commission in Aug. 1989 to hold discussions with any delegation, including non-signatories, on outstanding issues.

7. Cm 2705. For details of the discussions leading up to this Agreement, see (1993) 42 I.C.L.Q. 654Google Scholar and (1994) 43 I.C.L.Q. 886Google Scholar, by the present author. On the entry into force of the Convention, see (1995) 44 I.C.L.Q. 313.Google Scholar

8. Hansard, H. C., Vol.557, WA31 (20 07 1994).Google Scholar

9. The Convention is Cmnd 8941 and the Agreement Cm 2705. Treaties are laid as white papers for 21 sitting days before the government proceeds to ratify or accede to them.

10. S.I. 1996/270.

11. S.I. 1996/272.

12. S.I. 1996/282.

13. Hansard, H. C., First Standing Committee on Delegated Legislation, 23 01 1996, col.7.Google Scholar

14. Including the nomination of the present writer as a candidate for election to the International Tribunal for the Law of the Sea. This nomination lapsed when the UK had not acceded by 30 June 1996. The nomination was, in effect, resubmitted by France, an honour which is gratefully acknowledged.

15. Hansard, H. L., Vol.572, cols.456–457 (20 06 1996)Google Scholar. For details and comment, see Churchill, R. R., “UK's Decision to Defer Accession to the UN Convention on the Law of the Sea: A Convincing Move?” (1997) 12 Int.J. Marine and Coastal Law 110.Google Scholar

16. E.g. Hansard, H. C., Standing Committee A, col.111 (4 03 1997). See now the Merchant Shipping and Maritime Security Act 1997.Google Scholar

17. Supra n.1.

18. Status of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the Agreement relating to the Implementation of Part XI of the Convention, as at 25 July 1997, issued by the UN Secretariat, DOALOS.

19. See Roach, and Smith, , United States Responses to Excessive Maritime Claims (2nd edn, 1996)Google Scholar and Kwiatkowska, “Creeping Jurisdiction Beyond 200 Miles in the Light of the 1982 Law of the Sea Convention and State Practice” (1991) 22 Ocean Development and International Law 153.Google Scholar

20. Egypt is believed to be an example.

21. Gesetz zur Ausführung des Seerechtsübereinkommens der VN von 10 Dezember 1982 sowie das Übereinkommens von 28 Juli 1994 zur Durchführung des Teils XI des Seerechtsübereinkommens 1995: Bundesgesetzblatt, Teil I, 14 Juni 1995, p.778.Google Scholar

22. See the Transport and Communications Amendment Act 1994.Google Scholar

23. E.g. Antigua and Barbuda enacted the Maritime Areas Act 1982, reprinted in National Legislation on the Territorial Sea, the Right of Innocent Passage and the Contiguous Zone, DOALOS, United Nations.

24. Considerations of space preclude an exhaustive examination of the terms of the Convention against the provisions of the relevant British legislation. As a result, several controversial issues receive only summary attention in this article. For excellent general surveys of British law and practice, see Lowe, A. V., “The United Kingdom and the Law of the Sea”, in Treves, T. (Ed.), The Law of the Sea: the European Union and its Member States (1997), p.521Google Scholar and Birnie, P., “Impact of the LOS Convention and UNCED on UK Maritime Law and Policy”, (1994) Marine Policy 483.Google Scholar

25. 1987 c.49. An Act to provide for the extent of the territorial sea adjacent to the British Islands, i.e. a strictly limited measure.

26. Originally made under prerogative powers, the Order was printed in S.I.1965 III, p.6452AGoogle Scholar. The Order was amended for purely technical reasons by the Territorial Waters (Amendment) Order 1979 (printed in S.I.1979 II, p.2866Google Scholar) and by S.I.1996/1628. Statutory force was conferred by s.1(4) of the Territorial Sea Act 1987.

27. Territorial Sea (Limits) Order 1989, S.I.1989/482.Google Scholar The territorial sea around the Isle of Man extends to 12 nautical miles, except towards the Solway Firth where it extends to a median line: see the Territorial Sea Act 1987 (Isle of Man) Order 1991, S.I.1991/1722.Google Scholar

28. See e.g. the Bermuda (Territorial Sea) Order 1988, S.I.1988/1838, as amended by S.I.1997/1578Google Scholar; the Falkland Islands (Territorial Sea) Order 1989, S.I.1989/1993Google Scholar; the St Helena and Dependencies (Territorial Sea) Order 1989, S.I.1989/1994Google Scholar; the South Georgia and South Sandwich Islands (Territorial Sea) Order 1989, S.I.1989/1995Google Scholar; the Turks and Caicos Islands (Territorial Sea) Order 1989, S.I.1989/1996Google Scholar; and the Cayman Islands (Territorial Sea) Order 1989, S.I.1989/2397.Google Scholar In the case of Bermuda, baselines were drawn on the basis of Art.6 of the Convention concerning fringing reefs. In the cases of the Falkland Islands, the Turks and Caicos Islands and South Georgia, straight baselines were drawn in accordance with Art.7 along the deeply indented coasts and where there exists a fringe of islands.

29. Hansard, H. C., Second Reading Committee, 28 04 1987, col.3.Google Scholar

30. S.I.1989/482. As regards France, the Order gave effect to the Agreement of 2 Nov. 1988 relating to the Delimitation of the Territorial Sea in the Straits of Dover (U.K.T.S. No.26/1989, Cm 1732). For details, see Charney, and Alexander, (Eds), International Maritime Boundaries Vol.II, Report 9–3, p.1735.Google Scholar

31. E.g. s.8(3) which inserted subs.(1A) into s.85 of the Merchant Shipping Act 1995.Google Scholar

32. Report of Lord Donaldson's Inquiry into the Prevention of Pollution from Merchant Shipping, Cm 2560. See also the Government's Response, Cm 2766.

33. Inserted by s.10 of the Merchant Shipping and Maritime Security Act 1997.

34. For details, see the IMO publication Ships' Routeing, 6th Ed., 1991, as amended.Google Scholar

35. S.I.1996/75, replacing S.I.1983/708, as amended.

36. S.I.1997/1341.

37. Para.4 of Sched.11A to the Merchant Shipping Act 1995 (as inserted by s.13 of and Sched.2 to the Merchant Shipping and Maritime Security Act 1997), following the recommendations of Lord Donaldson's Inquiry, esp.96–99.

38. Inserted by the Merchant Shipping and Maritime Security Act 1997.

39. S.3.

40. Hansard, H. L., Vol.484, col.382 (5 02 1987).Google Scholar

41. S.I.1987/2062.

42. Reference was subsequently made to the right of transit passage: see the Merchant Shipping and Maritime Security Act 1997.

43. Inserted by the Merchant Shipping and Maritime Security Act 1997.

44. For further details about the negotiating history of Part III, see (1989) B.Y.B.I.L. 159Google Scholar by Satya Nandan and present writer; and for details about the Straits of Dover, see (1992) 7 I.J.E.C.L. 85.Google Scholar

45. Supra n.35.

46. Some territories would satisfy the geographical criteria, e.g. land to water ratio for archipelagic status, but not that of Statehood. The UK fails to qualify since the land to water ratio is less than 1:1, as required by Art.47(1) of the Convention.

47. Art 56 recognises rights and jurisdiction also over seabed resources, certain installations, marine scientific research, the protection of the marine environment, and other economic uses of the zone. One unusual example of such other uses in the UK's case is provided by the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989, which provides for certain towers used for training purposes in the British part of the North Sea (S.I.1989/840).

48. Hansard, H. L., Vol.568 col.1186 (25 01 1996), Lord Goschen.Google Scholar

49. For details see Charney and Alexander, op. cit. supra n.30, at Vol.III, North Sea Update (1997).Google Scholar

50. Loc. cit. supra n.1. For further details, see Churchill, op. cit supra n.15, and the discussion of Art.121(3) below.

51. Notably, the Sea Fish (Conservation) Acts 1967 and 1992, as well as the Sea Fisheries Act 1968.

52. Council Reg. (EEC) No.3760/92 of 20 12 1992, establishing a Community system for fisheries and aquaculture.Google Scholar

53. Part I of the Petroleum Act 1987 provides for schemes of abandonment to be submitted to the minister for approval.

54. Guidelines and Standards for the Removal of Offshore Installations and Structures on the Continental Shelf and in the Exclusive Economic Zone, adopted on 19 Oct. 1989. These Guidelines, adopted within the framework of the Convention before its entry into force, took account of the situation in the northern North Sea.

55. Previously, under the Oil and Gas (Enterprise) Act 1982, each safety zone had been established by a separate order.

56. See the Continental Shelf (Designation of Areas) (No.2) Order 1993 (S.I.1993/1782) and the other orders cited there. For maps of the present UK continental shelf, see The Energy Report 1996 by the Department of Trade and Industry. On the natural prolongation to the west of Scotland, see J. Keiser Neish, “Seismic Structure of the Hatton-Rockall Area”, in Petroleum Geology of northwest Europe: Proceedings of the 4th Conference (1993).

57. Established by Art.76(8) of and Annex II to the Convention.

58. In the case of the Agreement of 1988 with the Republic of Ireland, it was necessary to enact primary legislation (twice): see the Petroleum Royalties (Relief) and Continental Shelf Act 1989 and the Continental Shelf Act 1989.

59. The Civil Jurisdiction (Offshore Activities) Order 1987 (S.I.1987/2197) and the Criminal Jurisdiction (Offshore Activities) Order 1987 (S.I.1987/2198). The English area is separated from the Scottish area by a line drawn pragmatically.

60. The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 (S.I.1989/840) applies British employment standards to installations on the continental shelf.Google Scholar

61. Part III regulates all submarine pipelines on or in the UK continental shelf, with the statutory power to make adjustments in regard to any pipeline which does not make a landfall in the UK, e.g. in transit from the Norwegian shelf to the Belgian coast.

62. This Act consolidated the Merchant Shipping Acts 1894 to 1994.

63. P.C.U. Rep. (1928)Ser.A, No.10.Google Scholar

64. Notably, ss.92 (assistance at sea) and 93 (duty to assist ships, etc. in distress).

65. Art.109 was based on a British proposal at the Conference on the Law of the Sea, inspired by the failure of the Convention adopted by the Council of Europe in 1965 to eradicate unauthorised broadcasters in unregistered ships from the North Sea. For debates in the House of Lords see UK Materials in International Law, in (1990) B.Y.B.I.L. 581 et seq.Google Scholar

66. By the Marine, etc., Broadcasting (Offences) (Prescribed Areas of the High Sea) Order 1990 (S.I.1990/2503). See Woodliffe, J. C. (1991) 6 I.C.E.L. 371.Google Scholar

67. See the Sea Fisheries Act 1968, the Customs and Excise Management Act 1979 and the Broadcasting Act 1990. The latter gives express power to use reasonable force in exercise of statutory powers of arrest at sea.Google Scholar

68. Bowett, D. W., “Islands, Rocks, Reefs and Low-Tide Elevations in Maritime Boundary Delimitations”, in Charney and Alexander, op. cit supra n.30, at Vol.1, p.131.Google Scholar For a general survey, see Symmons, , “Some Problems relating to the Definition of ‘Insular Formations’ in International Law: Islands and Low-Tide Elevations”, Maritime Briefing, Vol.1, No.5, International Boundaries Research Unit, Durham University (1995).Google Scholar

69. Supra n.1.

70. S.I.1997/1750. The Order came into force in accordance with its terms on the date on which the Convention entered into force in respect of the UK. For a full discussion of the issues, see Churchill, op. cit supra n.15. The Order represents a significant example of State practice in regard to Art.121(3). Rockall had already been ignored in the Agreement with the Republic of Ireland of 7 Nov. 1988: see Charney, and Alexander, , op. cit supra n.30, at Vol.II, p.1770.Google Scholar

71. Hansard, H. C., First Standing Committee on Delegated Legislation, col.7 (23 01 1996).Google Scholar

72. S.I.1996/270.

73. Water pollution is regulated under the Water Act 1989, the Water Resources Act 1991 and the Environment Act 1995.

74. Directive 76/160 ((1976) OJ. L31/1). Directive 80/68 on the protection of groundwater may also be relevant.Google Scholar

75. Mineral Workings (Offshore Installations) Act 1971 and subsequent Acts.

76. The Act amended the Food and Environmental Protection Act 1985 so as to increase the scope of the jurisdiction.

77. S.I.1996/282.

78. S.I.1996/2128.

79. S.I.1996/2154.

80. Cm 2425.

81. The Paris Memorandum of Understanding of 1982, as modified, established a system of port State inspection in all major ports in Northwest Europe in order to counter unsafe and polluting ships of all flags. See also EC Directive 95/21 on Port State Control, following the EC Commission's Report“A Common Policy on Safe Seas” (1993).Google Scholar

82. Powers of intervention now extend to the pollution zone declared in 1996 and to substances other than oil.

83. S.I.1996/282. The Regulations are in S.I.1996/2154.

84. Mineral Workings (Offshore Installations) Act 1971, s.1.Google Scholar

85. See National Legislation, Regulations and Supplementary Documents on Marine Scientific Research in Areas under National Jurisdiction, UN Publications (1989). Many States have created statutory licensing systems for foreign research cruises.Google Scholar

86. S.I.1996/2154.

87. S.I.1996/272. See also s.28 of the Merchant Shipping and Maritime Security Act 1997, making similar provision prior to the entry into force of the Convention for the UK.

88. China, France and Russia had ratified previously. The Clinton administration has sent the Convention and the Implementation Agreement to the Senate for advice and consent.

89. The remaining four are Belgium, Denmark, Luxembourg and Portugal.

90. A term used by the President of the Third UN Conference on the Law of the Sea, Ambassador T. T. B. Koh, in 1982 when the Convention was adopted and opened for signature.