Challenges to public order and the law of the sea

Abstract

Rosen offers both case studies and trend analysis to show that the oceans governance principles in 1982 UN Convention of the Law of the Sea (UNCLOS) are at risk unless states agree to moderate their unilateral behavior and, most importantly, participate in the dispute settlement processes established in UNCLOS. Such unilateralism is not confined to particular states or groups of states. However, Rosen argues that because states have been unwilling to seek consensus or resolve disputes, this has created a regulatory vacuum that is currently being exploited by pirates, criminal elements, polluters, and poachers. Such exploitation results in permanent loss of oceans’ resources-vital to sustain future population growths-and lawlessness on the high seas. Rosen concludes with suggestions on how to reinvigorate the UNCLOS.