UK House of Lords Inquiry: Is the UN Convention on the Law of the Sea Still Fit for Purpose?


Mgeladze M.

Journal of Territorial and Maritime Studies, cilt.10, sa.1, ss.79-91, 2023 (Scopus) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 10 Sayı: 1
  • Basım Tarihi: 2023
  • Doi Numarası: 10.2307/jtms.10.1.79
  • Dergi Adı: Journal of Territorial and Maritime Studies
  • Derginin Tarandığı İndeksler: Scopus
  • Sayfa Sayıları: ss.79-91
  • Anahtar Kelimeler: amendment, fits for purposes, treats and challenges, UNCLOS
  • Ankara Üniversitesi Adresli: Evet

Özet

Article classification: Overview Essay Purpose—The article discusses the UK House of Lords inquiry with respect to the effectiveness of the UN Convention on the Law of the Sea, 1982 (UNCLOS). Design, Methodology, Approach—Given the due indication of the importance of the UNCLOS, the paper presents the current emerging maritime challenges that maritime global society should overcome. All discussed threats by the invited experts within the UK House of Lords Select Committee on International Relations and Defense are indicated based on the step-by-step approach in light of the UN Convention on the Law of the Sea, 1982. It questions the possibilities and advantages of the amendment of UNCLOS and comes to a conclusion. As for methodology, a comprehensive and complex understanding of the subject matter’s various databases were explored and analyzed. Findings—Due to various changes and developments, it is logical and natural to develop a relevant regulatory framework since the needs of the global society are chang-ing at the time. Therefore, the question of the effectiveness and possible amendment of the UNCLOS convention has legitimate grounds to be intensively discussed. However, the question and actions related to the possible amendment or denunciation of the UNCLOS, or the development of new legal instruments to govern the new maritime threats will require global and common efforts. Perhaps the UK’s committee is the right forum to address different emerging maritime treaties, however, what consequences will come of such inquir-ies remains yet unclear. Practical Implications—from the practical implication perspective, the article pro-vides the readers with the various arguments and positions presented by the invited experts to the UK House of Lords Select Committee on International Relations and Defense. Neertheless, it indicates the complications and advantages of possible amendment of tUNCLOS for and by different actors. Originality, Value—In line with the presented arguments by the invited experts evaluate and assess the effectiveness of the UNCLOS, the position in respect of the amenment of the “Constitution of the Sea” as an effective tool to achieve and regulate the curent emerging maritime threats is provided by the article given due regard to Brexit as tpre-existing factor of the inquiry.