NEW CHALLENGES TO THE LAW OF THE SEA

Abstract

The two third of the earth’s surface being covered with water makes a larger world population being dependent on the marine ecosystem. The crucial role played by the oceans and seas is known to mankind since early centuries. Despite the universal importance of sea, they were subject of disputes and claims. Non-binding and Ambiguous laws gave a clarion call for an international law governing these disputes leading to the United Nations Conference on the Law of the Seas in 1982. UNCLOS, is the umbrella body for the public order in the seas and oceans containing detailed provisions regarding law of Seas. The evolution of the laws of the Sea over time has led to its development along with a spurt of challenges. This paper analysis the major challenges such as lack of respect for UNCLOS, proliferation of excessive maritime claims involving EEZ and extended continental shelf claims, management of shared fish stock in the high seas. The paper has chapters into political, environmental, economic, territorial, human rights challenges to the law of seas in 21st century particularly in its second decade. The concerns over growing tension in the South-China sea between China and number of countries. The paper highlights the vulnerable nature of the marine resources and the increasing level of pollution and waste with oil spills, increased human activities and the deep sea mining, overfishing, increasing levels of the sea, coral bleaching which raises the environmental concern. The ever increasing trade and commerce through the seas and cross-border economic claims have been discussed as a notable modern-day challenge. The humanitarian aspects is also covered with issues of human trafficking through sea, piracy and terrorist activities, illegal smuggling declining the concept of flagship state has. The paper mentions strategic challenges particularly in the Indian Ocean leading to security threats to surrounding nations. The paperconcludes by discussing a comprehensive security plan for the maritime sphere and identical interpretation of UNCLOS by signatory nations.