Anshumaan Patro, BA LLB (Hons.), ICFAI Law School
ABSTRACT:
This literature review focuses on examination of marine boundaries and sovereign rights according to international law with a special emphasis, on the significance of the United Nations Convention, on the Law of the Sea (UNCLOS) in shaping maritime zone delineation practices over time. The analysis looks into the evolution of regions such, as territorial waters and the exclusive economic zone (EEZ) as well, as the continental shelf; highlighting the ways in which state privileges are determined and practiced within these territories. The review extensively focuses on exploring how UNCLOS plays a role, in settling conflicts using its mandatory dispute resolution procedures. Customary international law is examined in relation to treaty laws and how regional and bilateral agreements can sometimes take precedence over regulations is also discussed. In the review we examine examples like the disputes in the South China Sea and boundary claims, in the Arctic Circle to demonstrate the nature of maritime boundary setting. Through these examples, the review puts light on the legal complexities that impact the dispute resolution process. Thereafter, we will discuss hinderances that are altering how maritime borders are perceived, like rapid climate change and sea levels on the rise, which endangers established maritime borders and give rise to various legal issues concerning state rights over underwater territories. The analysis also evaluates the impact of tribunals like the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ), in managing and settling intricate conflicts.
Keywords: Maritime boundaries, State rights, UNCLOS, Customary international law, Exclusive Economic Zone (EEZ), Territorial waters, Continental shelf, Maritime disputes, Climate change, International law, Geopolitics, Resource exploitation.
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