The Wet and Wild World of Maritime Law, Part 1: Wading into the History of UNCLOS

The Podvocate

We often hear the term “law of the land,” where a legal framework is based on common or civil law. But what laws apply once we venture off dry land and out to sea? That’s where maritime law (or admiralty law) comes into play. Sometimes called the Law of the Sea, maritime law consists of laws, conventions, and treaties governing business, crime, and international disputes on open waters. The United Nations Convention on the Law of the Sea (UNCLOS) is considered the constitution of the ocean; it provides a foundation for international cooperation and collaboration in protecting marine life, establishing trade routes, preventing trafficking and crime, ensuring fair and reasonable sovereignty of the use and protection of coastal waters, and more. This episode is a brief introduction into the history of UNCLOS, the U.S.’s influence on the enforcement of UNCLOS, and current issues in in maritime law. In future episodes, we’ll dive deeper into modern maritime issues affecting global trade, the environment, and national security. Research & Sources: Youtube.com, The A, B, and Seas of UNCLOS: What is UNCLOS,” Ministry of Foreign Affairs, Singapore, . Youtube.com, “President Obama Speaks to West Point Graduates,” The Obama White House, May 28, 2014, < https://www.youtube.com/watch?v=fG_hX_XM4Ks>. Youtube.com, “The Science of UNCLOS,” Fisheries and Oceans Canada. https://www.youtube.com/watch?v=vCttmsixQpc/ U.S. Navy Jag Corps, “The Convention on the Law of the Sea,” Navy Jag Corps website, https://www.jag.navy.mil/national-security/law-of-the-sea/. Center for Preventive Action, “Territorial Disputes in the South China Sea,” Council on Foreign Relations, Global Conflict Tracker, September 17, 2024, https://www.cfr.org/global-conflict-tracker/conflict/territorial-disputes-south-china-sea. Resources: United Nations, “United Nations Convention on the Law of the Sea of 10 December 1982 Overview and full text,” Ocean & Law of the Seas, Division for Ocean Affairs and the Law of the Sea, last updated June 24, 2024, https://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm. International Tribunal for the Law of the Sea, https://www.itlos.org/en/main/the-tribunal/the-tribunal/. Congressional Research Service, “United Nations: Convention on the Law of the Sea (UNCLOS): Living Resources Provisions,” Summary No. R47744, Updated July 15, 2024, https://crsreports.congress.gov/product/pdf/R/R47744.