Law enforcement issues in the disputed maritime areas: apples and pears for the coastal states

Abstract

A delimited maritime border is an essential requirement for creating a secure and stable environment that facilitates further development. However, standing hostilities and competing interests among neighbouring states have made delimitation agreements difficult; consequently, critical maritime areas remain undefined, leading to disputes. The present study employs qualitative legal analysis and comparative case study methodology, drawing on primary sources including UNCLOS provisions, bilateral agreements, arbitral decisions, official state documents, and empirical evidence of state practice from 1994 to 2025. Using the East and South China Sea disputes as case studies, this research examines the complexities of law enforcement in contested maritime zones where overlapping claims create jurisdictional challenges. The study also highlights the probable consequences of violating Articles 74(3) and 83(3) of UNCLOS and how this impacts the States’ practices in the disputed areas. Through detailed analysis of these two critical Asian maritime disputes, the study demonstrates how the overlapping maritime claims result in outstanding diplomatic business for the states concerned, which gives rise to tension in inter-state relations or even disputes; therefore, the rules of international law should provide clear guidance for the conduct of the coastal states during the period while overlapping claims remain undelimited.