Technical Aspect of UNCLOS-III and the Maritime Zones of Bangladesh.

Essay by mir_haque August 2005

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Introduction

1.Sea is the lifeline of the commercial and economical development of a state. Since the ancient time, sea has been used for commerce, seafood and mineral resources. The sea also used by the invaders to augment their footholds on the distant land. Therefore, over the centuries, the coastal states had a tendency to control the important part of the sea for their own interest. So it is perceived that the sea plays a significant role over the civilization and it also ignites the conflict between the nations. Therefore, gradually as society evolves, different maritime rules and regulations were come up for judicial use of the maritime matters.

2.The Rhodian Sea Law pertaining to the Mediterranean Sea, adopted by the Romans and Greeks, is known to be the oldest law pertaining to the sea. The law primarily comprised of a maritime code, which was recognized by the community of seafarer, and which gradually assumed a binding character .

It was in fact the collection of the local statutes, customs and traditions of the various Mediterranean ports, complied by the official judges of ports, known as "Judge-Consuls" who exercised jurisdiction of all maritime matters. The maritime law was then greatly perceived to safe guard the interest of navigation and trade. However, they were not considered as an international law, because of customary or codified standards of international law. The major aspect was that, these laws were "not promulgated by any sovereign authority."

3. The great discoveries of famous navigators as Bartholomeu, Christopher Columbus and Vasco-da-Gama, made it necessary to define the exact limits of the challenging claims of Portugal and Spain. It was finally fix by the Pope, through a "Treaty of Tordesillias" in 1493. This really led to the actual law of the sea dealing with the...