The role of UNCLOS in upholding maritime order and global ocean governance: A new global order for the oceans through leadership and pressure points. (2nd January 2022)

• Record Type: Journal Article
• Authors: Olivert, Ana
• Is Part Of: Maritime affairs. Volume 18:Number 1(2022)
• Page Start: 26
• Page End: 41
• Publication Date: 2022-01-02
• Subjects: UNCLOS -- plastic pollution -- overfishing -- climate change -- cooperation and compliance -- leadership‌ -- pressure points -- the EU; Merchant marine -- India -- History -- Periodicals; Navigation -- India -- Periodicals; Merchant marine; Navigation; India; History; Periodicals; 387.50954
• DOI: 10.1080/09733159.2022.2091571
• Languages: English
• ISSNs: 0973-3159

Abstract

ABSTRACT: On the 40th anniversary of United Nations Convention on the Law of the Sea (UNCLOS), the oceans are facing unprecedented challenges and threats, for which solutions can be found in both international law and the law of the sea. This article explains why UNCLOS continues to be the main source for States to find solutions in those areas falling within the law of the sea where it does not provide immediate answers. Despite the unquestionable contribution of UNCLOS towards securing a peaceful legal order for the seas, the ambition of securing equity has not been attained and enforcement on the high seas is weak. The idea of how a new culture of cooperation and compliance could reverse current trends affecting the oceans is also explored here. In this regard, the European Union (EU) has been taken as an example of a key global player to put forward a vision with the necessary actions and policies on the basis of UNCLOS, coupled with the doctrine of the pressure points, to entice States to comply with international law.