ABSTRACT:
When we talk about the international relations maritime disputes always generate heavily, new recent circumstances create a focus for The Law of the Sea to be the ultimate adjudicate over these disputes. Tackling the newest stages of the unilateral diplomatic game and exploring one of the most significant legal tools for controlling maritime conflicts is the aim of the paper. This research work gives the idea that maritime conflicts are on the rise with a different character of conflicts taking shape and challenges that arise regarding their resolution. Besides using case studies the researchers also take into account legal concepts as the research approach other than these case studies.
KEYWORDS:
Law of the Sea, maritime disputes, recent developments, UNCLOS, international arbitration, territorial waters.
INTRODUCTION:
The law of the sea is a set of legal principles and regulations that regulate maritime activities, including navigation, territorial boundaries and resource exploitation. The growing number of maritime disputes around the world has highlighted the need for a strong legal framework to manage competing interests and promote stability. This research article examines maritime disputes in the context of the law of the sea, aiming to unravel their complexity and explore solutions.
The construction of maritime law and treaties drew greatly from legal precedents, diplomatic campaigns, and the rise of technology over the years. What are frequently known as fundamentals such as freedom of navigation and exclusive economic zones got encoded in international agreements but these agreements’ interpretation and application have significantly changed over the years. Recent historical events, such as territorial conflicts in the South China Sea and Arctic Ocean natural resource harvesting, have revived the debate over the present legal frameworks for this particular area.
International courts and arbitration apparatus offer an opportunity to settle maritime disputes through the legal channels, but their performance relies on the will of the parties involved to respect the awards. Diplomatic negotiations remain the staple method of dispute resolution, while often they are facilitated by international organizations such as UNCLOS.
The increasingly combative mode which emerges as a result of global power competitions and territorial disputes represent a genuine and serious challenge to the efforts to settle maritime disputes amicably. The multiple marine environmental concerns like water pollution and ecosystem endangerment are hindrances to maritime governance as well as resource management. Noteworthy are the great rises in the new technologies field, for example AI- artificial intelligence and robots, which bring new waves into the maritime operations, thus they create a greater possibility for the conflict resolution through the disputes they might create.
RESEARCH METHODOLOGY:
The research uses a strong method framework that combines looking closely at details and studying specific cases to carefully study the complex web of laws about seas between countries and their big impacts on solving problems locally and worldwide, with a special focus on India.
REVIEW OF LITERATURE:
The Law of the Sea is one of the most important aspects of international law, which defines the rights and duties of states in the maritime sphere. The issue includes such factors as territorial waters, navigation, freedom of the seas and resources and exploitation of the ocean. Today, in the environment of growing global and regional conflicts and mounting competition in trade and resources, it becomes more acute how to “sail through” disputes. The purpose of the literature review is to consider the most important scholarly articles and arguments relevant for the purpose.
- Historical background and legal framework
The basis of the Law of the Sea is the United Nations Convention on the Law of the Sea which was adopted in 1982. A number of researchers studied its creation and significance. [1] According to Oxman, who examines the history of the act, the process of negotiating the convention and the development of maritime law of the twentieth century, emphasizes the balance of interests of coastal and maritime states. Oxman defines the meaning of UNCLOS as the creation of a legal order of the seas in the interests of peace, safety, co-operation, and protection of the environment.
- Territorial Waters and Exclusive Economic Zones (EEZs)
UNCLOS constitutes that of exclusive economic zones and territorial waters. [2] The author presents the argument on jurisdiction changes in maritime districts due to the use of so-called Exclusive Economic Zones (EEZ), with the territorial waters by Kwiatkowska (2002), particularly referring to EEZs. Even so, it has brought several challenges, such as disputes over overlapping claims and the delineation of maritime boundaries.
- Maritime boundary disputes
One of the most disputed maritime regions in the world is the South China Sea. [3] According to Beckman (2013), the study is concentrated on the legal and geopolitical dimensions of the South China Sea disputes. Attention is paid to the role of UNCLOS, and then to the difficulties of enforcing international law against national self-interest. He proposes that indeed UNCLOS sets out the rules by which countries attempt to mediate their differences even though it is seriously effective due to the political commitment that participating states engage in.
- Dispute Resolution Mechanisms
The area of dispute resolution under the Law of the Sea is another topic of high significance. The process of dispute resolution provided under the United Nations Convention on the Law of the Sea including the International Tribunal for the Law of the Sea (ITLOS), arbitration, and the International Court of Justice (ICJ) has been mainly analyzed for their effectiveness and limitations. [4] Treves (2010) in the paper highlights such disagreement mechanisms as a legal way to settle disagreements. It is believed by the author that while they provide the platform for the resolution of disputes at the law level, the various conflict resolution mechanisms rely significantly on the willingness of the member countries to obey the court decision.
There is an Indian case where the international forum played an important role in solving the dispute. On February 15, 2012, the “Enrica Lexie” incident, known as the “Italian Marines case,” occurred and was a maritime happening that took place off the coast of Kerala, India.
This occurrence included the Italian oil tanker MV Enrica Lexie. It was en route from Singapore to Egypt. The ship’s security details, which consisted of Italian soldiers, reportedly shot at an Indian fishing boat named “St. Antony” and as a result, claimed the lives of two Indian fishers, namely, Ajesh Binki and Gelastine.
Italy gave the explanation that their marines saw the fishermen as pirates and then fired warning shots at them in self-defense. Nevertheless, Indian authorities objected and stated that the gunfire was unnecessary and against Indian oceanic territorial sovereignty. Moreover, as per Indian laws, this was a clear case of the violation of India’s maritime borders and India’s territorial sovereignty since the shooting happened in the exclusive economic zone of India.
It led to a series of diplomatic difficulties between Italy and India, with both stating that they had jurisdiction over the case and that they wanted the accused marines to be tried and convicted under their local law enforcement systems.
The conflict grew into a legal and diplomatic confrontation, with Italy at the beginning not willing to give the marines back to India for a trial. However, following prolonged dialogue and the involvement of international forums, Italy finally consented to sending the marines back to India for a hearing.
The case raised complex legal issues concerning jurisdiction, the law of the sea, and the rights and responsibilities of states in cases of alleged crimes committed on the high seas. It also deteriorated diplomatic relations between Italy and India for several years.
- New developments
New scholarly works have increasingly been putting their focus on new developments like the impact of global warming on territorial waters and the extraction of resources in the Arctic. [5] In a 2011 paper “The Implications of Rising Sea Level to Mastering Maritime Boundaries Under the Law of the Sea” by Schofield and Asana discuss the potential impacts of sea-level rise on maritime boundaries. They also maintain the necessity for adaptive legal frameworks to consider these changes. On the other hand, [6] Byers (2013) takes a close look at the geopolitical competition in the Arctic, which is initiated by the melting ice and the sustainability of navigation routes together with opportunities in resource extraction, thus placing particular importance on questions of territorial integrity and environmental preservation.
SUGGESTIONS:
Based on the findings of this paper, several recommendations can be made to effectively manage maritime conflicts. These include enhancing international cooperation, promoting the rule of law and strengthening dispute settlement mechanisms. Furthermore, efforts should be made to meet emerging challenges such as climate change and technological advances in the maritime sector.
CONCLUSION:
Recent developments in the law of the sea have emphasized the importance of the law of the sea in resolving maritime disputes and promoting cooperation between nations. By observing the principles of international law and engaging in constructive dialogue, states can effectively manage maritime conflicts and contribute to a stable and successful maritime system.
REFERENCES:
[1] BERNARD H. OXMAN, THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA: THE 1976 NEW YORK SESSION, 77 AM. J. INT’L L.1 (1983).
[2] BARBARA KWIATKOWSKA, THE 200 NAUTICAL MILES EXCLUSIVE ECONOMIC ZONE IN THE NEW LAW OF THE SEA (MARTINUS NIJHOFF PUBLISHERS 2002).
[3] ROBERT BECKMAN, THE UN CONVENTION ON THE LAW OF THE SEA AND THE MARITIME DISPUTES IN THE SOUTH CHINA SEA, 107 AM. J. INT’L L. 142 (2013).
[4] TULLIO TREVES, JUDICIAL SETTLEMENT OF INTERNATIONAL DISPUTES: AN EMERGING SYSTEM IN INTERNATIONAL LAW (CAMBRIDGE UNIVERSITY PRESS 2010)
[5] C. SCHOFIELD & I. M. A. ARSANA, THE IMPLICATIONS OF RISING SEA LEVELS FOR MARITIME BOUNDARIES UNDER THE LAW OF THE SEA, 1 ASIAN J. INT’L L. 21 (2011).
[6] BYERS, M., INTERNATIONAL LAW AND THE ARCTIC, CAMBRIDGE UNIVERSITY PRESS, 2013.
Author.
Priyanshu singh
Guru Ghasidas vishwavidhyala