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Unilateral actions in the development of the law of the sea.

Authors :
Li, Shuo
Source :
Marine Policy; Jul2023, Vol. 153, pN.PAG-N.PAG, 1p
Publication Year :
2023

Abstract

Unilateral actions taken by States have contributed to the formation and continuing development of the law of the sea, including UNCLOS. This paper examines some examples to show that unilateral actions have played a crucial role in the establishment of rules, as well their interpretation and implementation. However, these actions have also been a subject of controversy due to their unilateral nature. The debate surrounding their justification has continued until today and is particularly significant in the present international circumstances. On the one hand, technological and economic developments have been the main driving forces for States to act unilaterally, and the law of the sea has undergone significant conceptual changes. Moreover, existing regimes may have loopholes that could justify some unilateral actions. On the other hand, unilateral actions may undermine the existing regimes, lead to conflicts, and incur costs for the acting States. Thus, States need to take a careful position when acting unilaterally. • Unilateral actions have played an important role in the formation and development of the law of the sea. • Under the current circumstances, discussion on unilateral actions has great value. • The international community should develop a "community interest" test for evaluating States' unilateral actions. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
0308597X
Volume :
153
Database :
Supplemental Index
Journal :
Marine Policy
Publication Type :
Academic Journal
Accession number :
163892116
Full Text :
https://doi.org/10.1016/j.marpol.2023.105658