The Law of the Sea

Examines Jamaica’s approach to issues of the Law of the Sea. In particular, it discusses the Third United Nations Conference of the Law on the Sea (1973–1982) primarily from the point of view of Jamaica’s maritime interests. It also looks at the position taken by Jamaica with respect to established zones of the sea including the territorial sea, contiguous zone, the exclusive economic zone and the continental shelf. Bearing in mind that Jamaica houses the headquarters of the International Seabed Authority (ISBA), particular attention is also given to the Jamaican perspective on deep seabed mining. This perspective coincides with the general approach taken by the Group of 77 in this area of the law, according to which the deep seabed and its resources are the Common Heritage of Mankind and thus amenable to exploration and exploitation pursuant exclusively to the terms of the Law of the Sea Convention. Another important aspect of this chapter concerns Jamaica’s initial reluctance to embrace the EEZ concept as formulated in the Convention. Specifically, Jamaica offered initial resistance to the EEZ concept and even following the entry into force of the Convention, maintained that the zone was sovereign territory which did not allow foreign states to exercise high seas rights in the zone. The chapter examines aspects of Jamaica’s relationship with the United States on matters concerning the Shiprider Agreement between both countries and makes reference to the Jamaican practice thereunder. This practice has had an impact on the flow of illicit drugs within the Caribbean Sea but some aspects of the Shiprider arrangements, including the human rights of accused persons held by the United States, have given rise to controversy in Jamaica. Jamaica’s status as an archipelagic state is also examined: the country’s practice in this area reflects a marked attempt to maximise benefits to be derived from the sea.