Legal instruments of the Law of the Sea related to the peaceful resolution of maritime disputes

Abstract

During the last decades, the international practice has indicated that maritime disputes among coastal states have erupted as a result of direct infringements of maritime jurisdiction and rights of one coastal state towards another. These maritime disputes involve many aggravated issues and problems reflecting often conflicts of international nature which have to be tackled and given an appropriate resolution to avoid a possible escalation of a maritime conflict or crisis. The most problematic and dangerous cases related to these maritime conflicts are the maritime zones’ delimitation among coastal states which as their mechanism of sovereignty may utilize their armed forces to resolve the relevant disputes, considered very sensitive and paramount matters of national interests. The maritime dispute between Albania and Great Britain in the Corfu Channel incident is considered an aggravated interstate conflict where the armed forces of both coastal states confronted each other with lethal and extreme use of force. To avoid such a dangerous confrontation of maritime interests which can have dire consequences for international or regional peace and stability, the international organization such as the United Nations has adopted legal instruments for the resolution of maritime disputes through peaceful mechanisms and legal approaches such as international tribunals, international maritime conventions as well as diplomatic channels and political negotiations. It is the main objective of this article to examine these legal approaches and instruments to identify the legislative advantages and legal issues which may influence possible future maritime disputes among states.