Answer By law4u team
Maritime zone disputes arise when two or more countries claim overlapping rights over maritime zones such as territorial waters, Exclusive Economic Zones (EEZs), or continental shelves. These disputes affect sovereignty, resource rights, and security, necessitating peaceful resolution under international law.
Causes of Maritime Zone Disputes
- Overlapping claims to territorial waters or EEZs due to proximity of coastlines.
- Conflicting claims over continental shelf resources like oil, gas, and minerals.
- Ambiguities in historical treaties or unclear maritime boundaries.
- Strategic and economic interests in fisheries, navigation routes, or seabed resources.
Legal Frameworks and Resolution Mechanisms
United Nations Convention on the Law of the Sea (UNCLOS), 1982
- UNCLOS is the primary international treaty governing maritime rights and boundaries.
- It defines maritime zones and provides guidelines for delimitation of overlapping claims based on equitable principles.
Bilateral and Multilateral Negotiations
- Countries often resolve disputes through direct diplomatic talks to agree on maritime boundaries.
- Examples include the India-Bangladesh maritime boundary agreement (2014).
International Tribunal for the Law of the Sea (ITLOS)
- ITLOS is a specialized judicial body established by UNCLOS to adjudicate maritime disputes.
- Countries can submit disputes for binding decisions by ITLOS.
International Court of Justice (ICJ)
- The ICJ settles disputes between states on matters of maritime boundaries if both parties consent to its jurisdiction.
Arbitration and Conciliation
- UNCLOS provides for arbitration panels or conciliation commissions to resolve disputes peacefully.
- Arbitration decisions are binding and final.
Joint Development Agreements (JDAs)
- In cases where delimitation is difficult, states may agree to jointly manage and share resources in disputed zones without prejudice to sovereignty claims.
Example
India and Bangladesh had overlapping claims in the Bay of Bengal:
- Both countries engaged in bilateral negotiations over several years.
- Using UNCLOS principles, they agreed on a maritime boundary in 2014 through a formal treaty.
- The agreement allowed clear jurisdiction for resource exploration and ensured peaceful coexistence.
