3 - Disputed Maritime Areas: General Rules of International Law

Summary

Chapter 3 examines the general rules of international law that apply in disputed maritime areas. First, it focuses on the possibility of whether a conflict arising in disputed maritime areas can come to threaten international peace and security. Coastal States have approached the UN Security Council on a number of occasions, seeking declarations from it to the effect that as a result of unilateral conduct in disputed areas, a situation had arisen which met the threshold of that international peace and security was put in jeopardy. Further, other relevant general rules under international law, some of which by their nature are related to the treaty obligation of Articles 74(3) and 83(3) LOSC not to hamper or jeopardise (e.g. not aggravating or extending a dispute and the prohibition on abuse of rights), and their status (e.g. are they customary international law rules?) as well as their applicability to disputed maritime areas are explored. The chapter also discusses the possibility of engaging international responsibility, if certain unilateral activities that have been undertaken in disputed areas resulted in a breach of international law.