The Persisting Problem of Non-compliance with the Law of the Sea Convention: Disorder in the Oceans

摘要

There is widespread and persisting non-compliance in relation to many of the provisions of the UN Convention on the Law of the Sea. This is a matter of serious concern because it undermines the integrity and legitimacy of the Convention, causes disputes and harms the marine environment. To remedy the situation, more use should be made of existing mechanisms to induce compliance, especially the possibilities of compulsory dispute settlement under Part XV of the Convention, retorsion and counter-measures, and by developing compliance mechanisms for other treaties that indirectly help to promote compliance with the Convention. In some cases assistance in capacity building may also be desirable.