The Foundation:
We live in a world where countries strive to assert their sovereignty over every free piece of the Earth they can claim. Maritime environments are no exception. In the South China Sea, ships from rival nations drift dangerously close, raising the sensitive question:
Who owns the sea?
As nations rapidly expand their claims, the once stable United Nations Convention of the Law of the Sea (UNCLOS) is being tested like never before. Will international law stay afloat in a sea of territorial claims and disputes? Or will states stubbornly assert their sovereignty regardless?
The United Nations Convention of the Law of the Sea (1982), in short, is a regime of law for the world’s oceans, establishing much-needed ground rules for the allocation of States’ rights in maritime spaces, maritime navigation, environmental protection and the use of aquatic resources. Furthermore, UNCLOS also provides a framework for developing certain aspects of the law of the sea through international organizations such as the IMO.
Internal Waters: on the landward side of the baseline of coastal States. Coastal States have full sovereignty over these waters, similar to their land territory.
Territorial Waters: extend up to 12 nautical miles from the baseline. The coastal States has sovereignty over this area, including the airspace above and seabed/soil below. Foreign vessels have the right to “innocent” passage in these waters.
Contiguous Zone: extends up to 24 nautical miles from the baseline. The coastal States can enforce laws related to taxation, customs, immigration and pollution control in these waters.
Exclusive Economic Zone (EEZ): extends up to 200 nautical miles from the baseline. The coastal State can explore, utilize, conserve and manage natural resources (living and non-living) in the waters above the seabed and in the seabed itself.
Continental Shelf: the extended perimeter of each continent, which can extend beyond the EEZ. States can harvest mineral and non-living material from the seabed in this region.
High Seas: areas beyond national jurisdiction, which cover almost half of the Earth’s surface. All states have access to these areas, but the utilization of them depends on regulations from international law.
After two long decades of negotiations, in 2023, States approved the High Seas Treaty, more formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ). The main aims of this treaty are to protect marine biodiversity in the High Seas, which make up nearly two-thirds of the ocean. Key aspects of this treaty include environmental impact assessments, marine protected areas, access to marine genetic resources and capacity building. This treaty is scheduled to enter into force in early 2026, following ratification by the required number of countries.
Current Challenges:
Despite the clear legal structures in place, the Law of the Sea faces many challenges when it comes to enforcement and compliance. Common disputes include arguments over maritime boundaries and resource rights, contributing to tensions between nations.
The South China Sea is an important waterway, aiding over $3 trillion annually in global trade. Along with its significance comes the intense territorial disputes among several countries, including China, the Philippines, Vietnam, Malaysia, Brunei and Taiwan. China claims an area marked by the “nine-dash line”, which encompasses 90% of the South China Sea. However, this claim overlaps with the EEZs of other states, creating conflicts over fishing rights, oil exploitation and navigation routes. In 2016, the Permanent Court of Arbitration ruled that China’s claims had no legal basis under UNCLOS, and criticized its construction of artificial islands and interference with Philippine activities. Now, tensions stil remain high, as can be seen by the recent incident where Chinese vessels clashed with Philippine ships near Thitu Island.
The Arctic is currently undergoing monumental environmental changes, with melting ice caps opening up new shipping routes and access to resources that were previously unavailable. This transformation brings opportunities as well as challenges for Arctic and non-Arctic states. Coastal states that border the Arctic, such as Canada, Denmark, Norway and Russia, have submitted claims to extend their continental shelves beyond the standard 200 nautical miles, wishing for rights to utilize the newly available seabed resources. Luckily, UNCLOS provides specific provisions for ice-covered areas, permitting states to establish territorial seas and EEZs up to 12 and 200 nautical miles while also allowing extended claims, but only based on scientific evidence. While the United States adheres to many UNCLOS provisions, it hasn’t ratified the treaty, creating debates over its role in Arctic governance and resource management.
The opportunity of deep-sea mining has created significant economic opportunities, yet environmental risks as well. UNCLOS has a legal regime for the exploration/utilization of mineral resources in the High Seas. The International Seabed Authority (ISA) adjusts mineral-related activities, making sure that benefits are shared equally and environmental harm is minimized. In 2021, Nauru invoked a provision in UNCLOS, requiring the ISA to finalize regulations for deep-sea mining in the span of 2 years. This move has quickened discussion but also raised concerns about the competence of environmental safeguards. Meanwhile, environmental pressure groups and activists are fighting for a pause on deep-sea mining until appropriate scientific assessments are done to understand the long-term ecological consequences.
In conclusion, our oceans have always and will always be a central part of international law, trade and conflict. While we face maritime-related challenges as of current, the skilful implications of UNCLOS, the High Seas Treaty and the Law of the Sea are protecting our world from unnecessary disputes. As environmental and geopolitical tensions reshape how international law impacts aquatic environments, UNCLOS remains a steady foundation for future exploration and exploitation of the vast marine environments we know.
Written by Maria Ali
