CDS Polity · World Polity, Democracy and International Relations
Human Rights and the Law of the Sea
The Universal Declaration and the treaties that followed it, the Human Rights Council, and the sea zones a coastal State controls under UNCLOS.
Why this matters
Seven CDS questions: one EASY, four MODERATE and two HARD. The human rights items turn on what a document actually says or whether it binds anyone, and the sea items on distances and who may do what in which zone.
Concept 1 of 3: The Universal Declaration of Human Rights
After the Second World War the UN wrote down, in one list, the rights every person has. That list is the Universal Declaration. It is a declaration, not a treaty, but most later human rights law and many national constitutions, India's included, borrow from it.
Definition
The facts:
- Adopted by the UN General Assembly at Paris on 10 December 1948; the date is kept as Human Rights Day. It has 30 articles.
- The drafting commission was chaired by Eleanor Roosevelt. India's Hansa Mehta had "all men are born free and equal" changed to "all human beings are born free and equal".
- It is a declaration, not a treaty, so it does not bind States by itself. Many of India's Fundamental Rights are close to its articles.
- Article 14: the right to seek and enjoy asylum from persecution in other countries, except for prosecutions that arise from non-political crimes.
- Article 15: the right to a nationality; no one may be arbitrarily deprived of it or denied the right to change it.
- Article 17: the right to own property, alone or with others; no one may be arbitrarily deprived of it.
| Article | Right |
|---|---|
| 1 | All human beings are born free and equal in dignity and rights |
| 14 | To seek asylum from persecution (not for non-political crimes) |
| 15 | To a nationality, and to change it; no arbitrary deprivationQ CDS 2024 (I): the right to change nationality is protected, not an exception. |
| 17 | To own property |
| 19 | Freedom of opinion and expression |
| 26 | To education |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2018 · CDS (II) 2018 — General Knowledge · Q109Hard
Example 1 · World Polity, Democracy and International Relations · Human Rights and the Law of the Sea
Which one of the following statements regarding the Universal Declaration of Human Rights is not correct?
Property IS in the Universal Declaration
Article 17 protects the right to own property. India removed property from its Fundamental Rights in 1978 (44th Amendment), but the Declaration still has it.
Changing nationality is a right, not an exception
Article 15 says no one shall be arbitrarily deprived of nationality nor denied the right to change it. Both halves are protected.
Concept 2 of 3: Human rights treaties and the Human Rights Council
A declaration states ideals; a treaty binds the States that join it. So the question 'is this a treaty?' comes down to the word in its name: covenants and conventions bind, declarations do not.
Definition
The main instruments:
- International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR): adopted 1966, in force 1976. India acceded to both in 1979.
- The Universal Declaration and the two Covenants together form the International Bill of Human Rights.
- Core treaties also include CEDAW (women, 1979), the Convention on the Rights of the Child (1989) and the Convention on the Rights of Persons with Disabilities (2006).
- The Declaration on the Right to Development (1986) is a General Assembly declaration, not a treaty.
- The Human Rights Council (2006, Geneva) is a UN body, not a treaty. It has 47 member States elected by the General Assembly for three-year terms, and it replaced the Commission on Human Rights.
| Instrument or body | Year | What it is |
|---|---|---|
| ICCPR and ICESCR | 1966 | Binding covenants, in force from 1976 |
| CEDAW | 1979 | Binding treaty on discrimination against women |
| Convention on the Rights of Persons with Disabilities | 2006 | Binding treaty |
| Declaration on the Right to Development | 1986 | A General Assembly declaration, not a treatyQ |
| Human Rights Council | 2006 | UN body of 47 elected States; replaced the Commission on Human Rights |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2018 · CDS (II) 2018 — General Knowledge · Q110Moderate
Example 2 · World Polity, Democracy and International Relations · Human Rights and the Law of the Sea
Which one of the following statements regarding the Human Rights Council is not correct?
The Council is 47 States, not every member
The General Assembly includes all UN members. The Human Rights Council has only 47 members, elected by the Assembly.
A declaration is not a treaty
The Declaration on the Right to Development (1986) and the Universal Declaration (1948) are not treaties. Covenants and conventions are.
Concept 3 of 3: Sea zones under UNCLOS
The sea next to a country is cut into belts measured from the coast's baseline. The nearer the belt, the more the coastal State controls. Far out, in the EEZ, it owns the resources but cannot stop other ships passing.
Definition
The UN Convention on the Law of the Sea (UNCLOS) was signed in 1982 and came into force in 1994. India's own law is the Maritime Zones Act of 1976. One nautical mile is about 1.852 km.
- Territorial sea: up to 12 nautical miles. Full sovereignty, but foreign ships keep the right of innocent passage.
- Contiguous zone: up to 24 nautical miles. The State can enforce customs, tax, immigration and sanitary laws.
- Exclusive Economic Zone (EEZ): up to 200 nautical miles. Sovereign rights over resources: exploring, exploiting, conserving and managing fish, minerals and energy. Other States keep the freedom of navigation, overflight and laying submarine cables and pipelines.
- Beyond the EEZ lie the high seas, open to all.
| Zone | Width from the baseline | What the coastal State controls |
|---|---|---|
| Territorial sea | 12 nautical miles | Full sovereignty; foreign ships have innocent passageQ |
| Contiguous zone | 24 nautical miles | Customs, tax, immigration and sanitary laws |
| Exclusive Economic Zone | 200 nautical miles | Resources only; navigation and cables stay free for all |
| High seas | Beyond the EEZ | No single State; open to all |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2018 · CDS (I) 2018 — General Knowledge · Q36Moderate
Example 3 · World Polity, Democracy and International Relations · Human Rights and the Law of the Sea
Which one of the following is not an exclusive right of the concerned coastal nations over Exclusive Economic Zone (EEZ)?
The EEZ gives resources, not the sea lanes
In its EEZ a coastal State alone may fish, mine and draw energy. Navigation and laying submarine cables stay free for every State.
Territorial sea is 12, not 24
12 nautical miles is the territorial sea. 24 is where the contiguous zone ends, and 200 is the EEZ.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (3)
The Universal Declaration of Human Rights6 rows
| Article | Right |
|---|---|
| 1 | All human beings are born free and equal in dignity and rights |
| 14 | To seek asylum from persecution (not for non-political crimes) |
| 15 | To a nationality, and to change it; no arbitrary deprivationQ CDS 2024 (I): the right to change nationality is protected, not an exception. |
| 17 | To own property |
| 19 | Freedom of opinion and expression |
| 26 | To education |
Human rights treaties and the Human Rights Council5 rows
| Instrument or body | Year | What it is |
|---|---|---|
| ICCPR and ICESCR | 1966 | Binding covenants, in force from 1976 |
| CEDAW | 1979 | Binding treaty on discrimination against women |
| Convention on the Rights of Persons with Disabilities | 2006 | Binding treaty |
| Declaration on the Right to Development | 1986 | A General Assembly declaration, not a treatyQ |
| Human Rights Council | 2006 | UN body of 47 elected States; replaced the Commission on Human Rights |
Sea zones under UNCLOS4 rows
| Zone | Width from the baseline | What the coastal State controls |
|---|---|---|
| Territorial sea | 12 nautical miles | Full sovereignty; foreign ships have innocent passageQ |
| Contiguous zone | 24 nautical miles | Customs, tax, immigration and sanitary laws |
| Exclusive Economic Zone | 200 nautical miles | Resources only; navigation and cables stay free for all |
| High seas | Beyond the EEZ | No single State; open to all |
Watch out for (6)
- Property IS in the Universal Declaration→ The Universal Declaration of Human Rights
- Changing nationality is a right, not an exception→ The Universal Declaration of Human Rights
- The Council is 47 States, not every member→ Human rights treaties and the Human Rights Council
- A declaration is not a treaty→ Human rights treaties and the Human Rights Council
- The EEZ gives resources, not the sea lanes→ Sea zones under UNCLOS
- Territorial sea is 12, not 24→ Sea zones under UNCLOS
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