{"title":"《公约》在维护海洋秩序和全球海洋治理中的作用:通过领导力和压力点构建全球海洋新秩序","authors":"Ana Olivert","doi":"10.1080/09733159.2022.2091571","DOIUrl":null,"url":null,"abstract":"ABSTRACT On the 40th anniversary of United Nations Convention on the Law of the Sea (UNCLOS), the oceans are facing unprecedented challenges and threats, for which solutions can be found in both international law and the law of the sea. This article explains why UNCLOS continues to be the main source for States to find solutions in those areas falling within the law of the sea where it does not provide immediate answers. Despite the unquestionable contribution of UNCLOS towards securing a peaceful legal order for the seas, the ambition of securing equity has not been attained and enforcement on the high seas is weak. The idea of how a new culture of cooperation and compliance could reverse current trends affecting the oceans is also explored here. In this regard, the European Union (EU) has been taken as an example of a key global player to put forward a vision with the necessary actions and policies on the basis of UNCLOS, coupled with the doctrine of the pressure points, to entice States to comply with international law.","PeriodicalId":342704,"journal":{"name":"Maritime Affairs: Journal of the National Maritime Foundation of India","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The role of UNCLOS in upholding maritime order and global ocean governance: A new global order for the oceans through leadership and pressure points\",\"authors\":\"Ana Olivert\",\"doi\":\"10.1080/09733159.2022.2091571\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT On the 40th anniversary of United Nations Convention on the Law of the Sea (UNCLOS), the oceans are facing unprecedented challenges and threats, for which solutions can be found in both international law and the law of the sea. This article explains why UNCLOS continues to be the main source for States to find solutions in those areas falling within the law of the sea where it does not provide immediate answers. Despite the unquestionable contribution of UNCLOS towards securing a peaceful legal order for the seas, the ambition of securing equity has not been attained and enforcement on the high seas is weak. The idea of how a new culture of cooperation and compliance could reverse current trends affecting the oceans is also explored here. In this regard, the European Union (EU) has been taken as an example of a key global player to put forward a vision with the necessary actions and policies on the basis of UNCLOS, coupled with the doctrine of the pressure points, to entice States to comply with international law.\",\"PeriodicalId\":342704,\"journal\":{\"name\":\"Maritime Affairs: Journal of the National Maritime Foundation of India\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Maritime Affairs: Journal of the National Maritime Foundation of India\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/09733159.2022.2091571\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Maritime Affairs: Journal of the National Maritime Foundation of India","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/09733159.2022.2091571","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The role of UNCLOS in upholding maritime order and global ocean governance: A new global order for the oceans through leadership and pressure points
ABSTRACT On the 40th anniversary of United Nations Convention on the Law of the Sea (UNCLOS), the oceans are facing unprecedented challenges and threats, for which solutions can be found in both international law and the law of the sea. This article explains why UNCLOS continues to be the main source for States to find solutions in those areas falling within the law of the sea where it does not provide immediate answers. Despite the unquestionable contribution of UNCLOS towards securing a peaceful legal order for the seas, the ambition of securing equity has not been attained and enforcement on the high seas is weak. The idea of how a new culture of cooperation and compliance could reverse current trends affecting the oceans is also explored here. In this regard, the European Union (EU) has been taken as an example of a key global player to put forward a vision with the necessary actions and policies on the basis of UNCLOS, coupled with the doctrine of the pressure points, to entice States to comply with international law.