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Article Type: Research Paper1
Purpose-A number of undelimited maritime areas continues to burden relations between coastal States with opposite or adjacent coasts. Notwithstanding the obligations of States Parties to UNCLOS to make every effort to enter into provisional arrangements of a practical nature and not to jeopardize or hamper the reaching of a final agreement, various examples of States acting without sufficient restraint are observed in undelimited areas. The purpose of this article is to provide an overview of courses of action available to States facing unilateral activities conducted in a maritime area claimed by another State.
Design/Methodology/Approach-This article first provides a brief analysis of the content of Articles 74(3) and 83(3) UNCLOS. It then examines the following courses of action: protesting, adjudication, provisional measures, maritime law enforcement, and countermeasures.
Findings-This paper shows that unilateral acts could be countered by recourse to diplomatic actions, or Part XV UNCLOS. It further finds that the obligation not to jeopardize or hamper the reaching of a final agreement cuts back the ways in which a State can meaningfully respond to a unilateral activity undertaken in an undelimited area. It is especially true for maritime law enforcement activities and the implementation of lawful countermeasures.
Practical Implications-This article studies the permissible and meaningful responses under international law to put a halt to unilateral acts conducted in undelimited areas. The question is important especially since only half of the potential maritime boundaries have been delimited around the world. It has furthermore a significant practical dimension, considering the fact that there are many examples of States acting without notable restraint in disputed areas. The findings may also have important implications for non-State users of the area in question.
Originality, Value-This article presents an analysis of the courses of action available to States facing unilateral activities conducted in disputed maritime areas from the protest through diplomatic channels to the implementation of lawful countermeasures.
Keywords: countermeasures, maritime law enforcement, Part XV UNCLOS, protesting, provisional arrangements, undelimited maritime areas
I.Introduction
A number of undelimited maritime areas continues to burden relations between coastal States with opposite or adjacent coasts. Notwithstanding the obligations of States Parties to UNCLOS2 under Articles 74(3) and 83(3) to make every effort to enter into provisional arrangements of a...