Introduction

The oceans cover five-sevenths of the earth's surface and play a vital role in supporting the human population. They are without doubt the most important resource on the planet. Every State in the world has economic, political, strategic, and social interests in the oceans. These interests are manifest in a variety of maritime activities – including fishing, shipping of goods, hydrocarbon and mineral extraction, naval missions, and scientific research. The uses of the oceans have significantly evolved from times when maritime areas were primarily important as trading routes and considered as a common resource of limitless quantities of fish. The oceans are no longer immense barriers separating the nations of the world. All States now share interests in the way the oceans are used. These changes have led to the development of a complex pattern of ownership of maritime space and control of maritime activities over the last fifty years. The multiplicity of maritime claims has resulted in a high degree of regulation in the international system.

The primary instrument governing the conduct of States in their uses of the oceans is the 1982 United Nations Convention on the Law of the Sea (“UNCLOS” or “Convention”). The importance of this treaty cannot be underestimated. UNCLOS is a constitutive treaty, setting out the rights and obligations of States and other international actors in different maritime areas and in relation to various uses of the oceans.