Environmental and sociocultural claims within maritime boundary disputes

Abstract

Coastal livelihoods and marine environmental protection are key ocean governance concerns. Consequently, the international legal framework addresses these needs in a holistic manner. Maritime boundary delimitation should not be the exception. Increasingly, international courts and tribunals are being asked to incorporate a wider range of issues in the resolution of maritime boundary disputes. Therefore, drawing on the full compendium of international marine boundary dispute cases from 1969 to 2021, this paper examines how litigation over maritime boundary disputes reflects broader ocean governance objectives. It concludes that, first, court cases on maritime boundaries are increasing, and second, environmental and sociocultural motives are gaining prominence in the pleas made by nations. Moreover, our analysis suggests that: a) arguments to the courts progressively emphasize holistic and ecosystem-based management and the recognition of traditional ocean-related living practices; and b) although courts and tribunals are called to weigh other types of factors, they are still more receptive to conventional arguments embodied in the UN Convention on the Law of the Sea (UNCLOS). We argue that the newer arguments should have a greater influence during conflict resolution and maritime delimitation processes, in particular, given the greater need for sustainable and equitable ocean governance.