9 - Are the Rights and Obligations of States in Disputed Maritime Areas Sufficiently Defined in International Law?

Summary

The international legal framework that is applicable to disputed maritime areas consists of conventional law – predominantly found in the LOSC – and general rules of international law. Combined, these form a template of rules and obligations that must be observed by States in relation to their disputed area. Two questions arise in this regard: is the international law that is applicable in disputed maritime areas sufficiently defined? And does this international law actually contribute to prevent conflicts between claimant States, or between a third State, or its nationals, and a claimant States in respect of a disputed maritime area? Differences exist in terms of the amount of conflict that is engendered if one claimant decides to act on its rights in a disputed maritime area, without another coastal State’s prior approval. An important question is how does this aspect influence the issue of what the rights and obligations are of States in disputed maritime areas? Also, whether the scope for unilateralism can be defined conclusively is addressed. However, it becomes clear that determining this scope is made impossible by the variable of the circumstances surrounding a particular disputed maritime area.