Unilateral Activities in Disputed Maritime Areas and Meaningful Responses

Abstract

Unilateral activities conducted in a disputed maritime area pending maritime delimitation are considered to be a violation of the pre-delimitation obligations imposed by Article 74/83(3) of the 1982 United Nations Convention on the Law of the Sea, which may trigger State responsibility. The obligations contained are negotiation in good faith and self-restraint. However, this is not a prohibition of all activities in disputed maritime areas. Through a study of the relevant case law of the international courts and tribunals, this article finds leniency towards unilateral activities in disputed maritime areas, i.e., some exceptions are permitted. In the South China Sea, reaching a final delimitation agreement can be a difficult and long-term task due to competing interests and the numerous countries involved. Facing unilateral activities undertaken in such an area, the appropriate and meaningful responses are significant to safeguard maritime rights and interests.