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1.

Basic Features: UNCLOS Dispute Settlement Procedure

❖ Overview of UNCLOS:
➢ Comprehensive Framework: UNCLOS sets out the legal framework for
maritime activities and the responsibilities of states concerning their
maritime boundaries and resources.
➢ Dispute Resolution: The convention provides several mechanisms for
resolving disputes, such as negotiation, mediation, arbitration, and
adjudication through bodies like the International Tribunal for the Law of
the Sea (ITLOS) and the International Court of Justice (ICJ).

Examples and Cases:

● South China Sea Arbitration: A landmark case where the Philippines


challenged China's claims. The 2016 ruling favored the Philippines but
highlighted the complexities of enforcing international rulings.
● Practical Challenges: Discussing real-world scenarios where countries have
utilized these mechanisms, showcasing both successes and limitations​

2. Further Development: Recent Cases

❖ Significant Recent Cases:


➢ South China Sea Disputes: Continuing tensions and legal battles, with
an emphasis on the enforcement of international rulings and their
geopolitical implications.
➢ ITLOS Decisions: Recent judgments and advisory opinions from ITLOS,
illustrating how international maritime law is evolving.

Impact on International Relations:

● Geopolitical Ramifications: How recent legal decisions influence international


relations and maritime boundary negotiations.
● State Behavior: Observations on how states adjust their maritime policies in
response to legal rulings​(Ministry of Foreign Affairs of Japan)​.

3. Further Development: BBNJ Agreement

❖ Introduction to the BBNJ Agreement:


● Conservation Focus: The BBNJ Agreement aims to protect marine
biodiversity in areas beyond national jurisdiction, filling gaps left by
UNCLOS.
● New Legal Instruments: Establishing marine protected areas, regulating
activities, and conducting environmental impact assessments.

Practical Implications:

● Implementation Challenges: Practical difficulties in implementing the BBNJ


Agreement, especially in politically sensitive areas like the South China Sea.
● International Cooperation: Emphasizing the need for robust international
collaboration to ensure the effectiveness of these new regulations​.

4. Further Development: Advisory Opinion on Climate Accretion Change

❖ Climate Change and Maritime Law:


➢ Sea Level Rise: How rising sea levels impact maritime boundaries and
the rights of coastal states.
➢ Advisory Opinions: ITLOS has provided advisory opinions on climate
change-related issues, offering guidance on how international law should
address these challenges.

Future Directions:

● Evolving Legal Frameworks: Prospects for new treaties or amendments to


existing ones to better address climate change impacts on the maritime domain.
● Global Environmental Challenges: The role of international law in managing
the environmental crises that affect the world's oceans​

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