The development of the modern law of the sea occurred through a series of United Nations–led conferences aimed at establishing a comprehensive legal framework for the governance of maritime spaces and ocean resources. Somalia’s participation in these negotiations was shaped by its historical status prior to independence.
However, the Somali territories remained under Italian and British rule during the First and Second United Nations Conferences on the Law of the Sea held in 1958 and 1960. Consequently, Somalia did not participate in these conferences and was not a party to the 1958 Geneva Conventions on the Law of the Sea at the time of their adoption. Following independence in 1960, Somalia began to engage in major maritime negotiations organized under the auspices of the United Nations, including the Third United Nations Conference on the Law of the Sea (UNCLOS III), convened pursuant to United Nations General Assembly Resolution 3067 (XXVIII). Somalia participated in the proceedings of the Conference.
The preparatory discussions that preceded the Third United Nations Conference on the Law of the Sea (UNCLOS III) reflected a deliberate effort by the international community to develop a comprehensive and inclusive framework governing the oceans. During these deliberations, particular emphasis was placed on ensuring that the emerging law of the sea regime would accommodate the interests of all categories of States.
Negotiators recognized that the oceans constitute a shared global resource whose governance affects a wide spectrum of countries with varying geographical, economic and political circumstances. Consequently, the discussions highlighted the importance of taking into account the perspectives of both major powers and smaller states, as well as the differing interests of coastal, land-locked, island and archipelagic states.
This inclusive approach was essential because the legal regime governing the seas would inevitably influence a wide range of national interests. Coastal states, for instance, possess direct geographical access to maritime zones and resources, which raises questions relating to sovereignty, jurisdiction and the management of fisheries, seabed resources and navigation routes.
By contrast, land-locked states lack a direct maritime frontage and therefore face different challenges, particularly in terms of access to the sea and participation in maritime trade and resource exploitation. The preparatory discussions also acknowledged the position of states described as shelf-locked” or “shelf-less, referring to countries whose continental shelf resources are limited or absent, thereby affecting their potential to benefit from seabed exploitation. Island and archipelagic states likewise occupy a distinct position in the law of the sea due to the complex relationship between their territorial configuration and surrounding maritime spaces.
In addition to recognizing these geographical categories, negotiators emphasized the need to address the specific concerns of developing countries. Many newly independent states emerging from colonial rule viewed the law of the sea as an opportunity to secure greater control over natural resources and to promote economic development. As a result, the negotiations sought to ensure that the emerging legal regime would not merely reflect the interests of established maritime powers but would also incorporate the aspirations of developing states. This concern was particularly relevant for countries in Africa, Asia and Latin America whose economies depended heavily on access to marine resources, maritime trade routes and coastal development.
The issues discussed during the preparatory phase were therefore not confined solely to technical legal questions. Instead, the deliberations encompassed a broad spectrum of considerations, including political, economic, strategic and scientific dimensions. Political factors were significant because the governance of maritime spaces often intersects with questions of sovereignty and international relations. Economic considerations were equally important, particularly in relation to fisheries, seabed minerals, offshore energy resources and maritime commerce. Strategic and security concerns also played a role, given the importance of sea lanes for global navigation and defence.
Moreover, scientific and technological developments in ocean exploration and resource extraction raised new legal questions that required careful consideration. Geographic realities further influenced the discussions, as the physical characteristics of coastlines, continental shelves and ocean basins affect the distribution of maritime zones and resources.
These wide-ranging discussions illustrate that the emerging law of the sea regime was conceived as a multidimensional framework rather than a purely technical body of legal rules. The negotiators recognized that ocean governance intersects with numerous aspects of international life, including economic development, environmental protection, maritime security and international cooperation. The preparatory process therefore aimed to create a legal system capable of balancing diverse interests while promoting stability and equitable access to marine resources.
Within this context, several states submitted proposals concerning the preparation of a comprehensive list of subjects and issues that should be addressed in the future negotiations on the law of the sea. One such proposal took the form of a working paper that sought to outline the principal topics requiring examination during the conference. This working paper was submitted jointly by a large coalition of developing and newly independent states, reflecting the growing influence of the Global South in shaping the agenda of international legal negotiations. The coalition included countries such as Afghanistan, Algeria, Ghana, India, Indonesia, Kenya, Malaysia, Morocco, Nigeria, the Philippines, Somalia, Sudan, Tanzania and Yugoslavia, among others. The proposal is recorded in United Nations document A/AC.138/58, which formed part of the documentation produced by the preparatory committees tasked with examining issues relating to the law of the sea.
The submission of this working paper demonstrates the active role played by developing states in shaping the agenda of the law of the sea negotiations. Rather than merely responding to proposals advanced by established maritime powers, these countries sought to articulate their own priorities and concerns.
The proposal therefore represented an important step toward ensuring that the forthcoming conference would address the needs and interests of a broader range of states. By participating in this collective initiative, the contributing countries aimed to ensure that the negotiations would consider issues such as equitable access to marine resources, the rights of coastal states over adjacent maritime zones and the fair distribution of benefits derived from the exploitation of ocean resources.
For Somalia, participation in this coalition of states was particularly significant. The country possesses one of the longest coastlines in Africa, stretching along both the Gulf of Aden and the Indian Ocean. This extensive maritime frontage gives Somalia substantial potential in areas such as fisheries, marine biodiversity, offshore resources and maritime transport. As a result, the development of an equitable international legal framework governing the oceans held considerable importance for the country’s long-term economic and strategic interests.
Somalia’s involvement in the preparatory discussions therefore reflects more than a symbolic presence in international negotiations. By joining other developing states in proposing a comprehensive agenda for the law of the sea, Somalia contributed to shaping the direction of the negotiations that would ultimately lead to the adoption of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The emphasis on the interests of diverse categories of states particularly coastal and developing countries would later influence many provisions of the Convention, including those relating to maritime zones, the continental shelf and the management of marine resources.
Furthermore, the issues identified in the preparatory discussions were directly relevant to Somalia’s national interests. Questions concerning the extent of maritime zones, the rights of coastal states over natural resources and the regulation of navigation and maritime activities all have significant implications for Somalia’s sovereignty and economic development. For a country with extensive maritime boundaries and considerable marine resource potential, participation in shaping the emerging legal regime of the oceans represented an important opportunity to safeguard its long-term interests.
In this regard, Somalia’s participation in the coalition of developing states can be understood as part of a broader effort by post-colonial countries to assert their role in the formulation of international legal norms. The law of the sea negotiations offered these states an opportunity to influence the distribution of rights and responsibilities within the global maritime order. By advocating for a comprehensive and inclusive agenda, Somalia and its partners sought to ensure that the resulting legal framework would reflect the realities and priorities of a diverse international community.
Ultimately, the preparatory discussions and proposals submitted by these states laid the groundwork for the negotiations that followed during UNCLOS III. The emphasis on inclusivity, equitable participation and the recognition of diverse state interests became central principles guiding the development of modern ocean governance. Somalia’s participation in these early stages of the process illustrates the country’s engagement with the evolving international legal order and highlights the importance of maritime affairs within its broader foreign policy and development considerations.
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