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Posted: October 19th, 2023
Why Do Maritime Disputes Arise: An Investigation into the Causes and Resolutions of Conflicts in Maritime Boundary and Territorial Disputes
Maritime disputes are conflicts that arise between states or other actors over the ownership, control, or use of maritime areas or resources. Maritime disputes can involve issues such as sovereignty, jurisdiction, delimitation, navigation, fishing, environmental protection, security, and energy exploration. Maritime disputes are often complex and multifaceted, involving historical, legal, political, economic, and strategic factors.
Some of the main causes of maritime disputes are:
– The lack of clear and agreed boundaries in many maritime areas, especially in the continental shelf and the exclusive economic zone (EEZ), where states have overlapping claims or different interpretations of the relevant international law.
– The increasing demand for maritime resources, such as fish, oil, gas, minerals, and water, which creates competition and conflict among states and other actors.
– The emergence of new technologies and activities that enable or challenge the access and exploitation of maritime resources, such as deep-sea mining, offshore wind farms, submarine cables, and artificial islands.
– The rise of new actors and interests that influence or challenge the existing maritime order, such as non-state actors (e.g., pirates, terrorists, environmental activists), regional organizations (e.g., ASEAN, EU), and major powers (e.g., China, US).
– The impact of environmental changes and challenges that affect the availability and quality of maritime resources, such as climate change, sea-level rise, pollution, and biodiversity loss.
Some of the main resolutions of maritime disputes are:
– The peaceful settlement of disputes through negotiation, mediation, arbitration, adjudication, or other means provided by international law and practice.
– The development and implementation of cooperative mechanisms and arrangements that enhance dialogue, confidence-building, joint management, and dispute prevention among states and other actors involved in maritime issues.
– The promotion and adherence to the principles and rules of international law that govern the maritime domain, such as the United Nations Convention on the Law of the Sea (UNCLOS) and other relevant treaties and customary norms.
– The recognition and respect for the legitimate rights and interests of all states and other actors in the maritime domain, taking into account the balance between rights and obligations, as well as the common heritage and responsibility of humankind.
References:
– Bateman S. & Emmers R. (eds.), 2016. *Maritime Disputes in Southeast Asia: Navigating Rough Waters*. Routledge.
– Elferink A.G.O. & Rothwell D.R. (eds.), 2015. *Oceans Management in the 21st Century: Institutional Frameworks and Responses*. Brill Nijhoff.
– Kwiatkowska B. & Soons A.H.A. (eds.), 2017. *The 1982 UN Convention on the Law of the Sea at 35: Successes, Challenges and New Agendas*. Eleven International Publishing.
– Schofield C.H., Lee J.-S. & Kwon Y.H. (eds.), 2018. *The Limits of Maritime Jurisdiction*. Brill Nijhoff.
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