3.6 Summing up the core general principles of UNCLOS
502/2018

3.6 Summing up the core general principles of UNCLOS

Even if the balancing of opposing interests and the general language used in UNCLOS contributes to uncertainties, some principles of a general nature may nonetheless be distilled from the convention text. Other principles may be seen to exist within more specific areas of the regulation, but the following, at least, must be seen as being of general application:

  1. That the zonal system is intended to be both comprehensive and exhaustive: No maritime zones other those envisaged by UNCLOS may be claimed by States;

  2. That within the different maritime zones, a rough but deliberate division of the rights and obligations of states has been made;

  3. That considerable weight must be attached to the principle of free navigation;

  4. That specific obligations are allocated to flag states, and in particular that certain responsibilities are connected solely to the flag state;

  5. That a general regard should be had to the common heritage of mankind; and finally

  6. That peaceful dispute resolution is required.

These principles permeate UNCLOS as a system of governance and should therefore be allocated considerable weight in case of doubt as to the scope and content of the UNCLOS regulation. We will return to these principles below, once we have revisited the three levels of questions of methodology which were brought into the debate in section 2.