Unilateral actions in the development of the law of the sea

Abstract

Unilateral actions taken by States have contributed to the formation and continuing development of the law of the sea, including UNCLOS. This paper examines some examples to show that unilateral actions have played a crucial role in the establishment of rules, as well their interpretation and implementation. However, these actions have also been a subject of controversy due to their unilateral nature. The debate surrounding their justification has continued until today and is particularly significant in the present international circumstances. On the one hand, technological and economic developments have been the main driving forces for States to act unilaterally, and the law of the sea has undergone significant conceptual changes. Moreover, existing regimes may have loopholes that could justify some unilateral actions. On the other hand, unilateral actions may undermine the existing regimes, lead to conflicts, and incur costs for the acting States. Thus, States need to take a careful position when acting unilaterally.