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Galani, Sofia; Evans, Malcolm D. --- "The interplay between maritime security and the 1982 United Nations Convention on the Law of the Sea: help or hindrance?" [2020] ELECD 191; in Evans, D. Malcolm; Galani, Sofia (eds), "Maritime Security and the Law of the Sea" (Edward Elgar Publishing, 2020) 1

Book Title: Maritime Security and the Law of the Sea

Editor(s): Evans, D. Malcolm; Galani, Sofia

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: The interplay between maritime security and the 1982 United Nations Convention on the Law of the Sea: help or hindrance?

Author(s): Galani, Sofia; Evans, Malcolm D.

Number of pages: 24

Abstract/Description:

This chapter will discuss the meaning of maritime security in the literature and state practice and explore the relationship between maritime security and the 1982 United Nations Convention on the Law of the Sea (LOSC). It will argue that maritime security is not simply a concept that needs defining but a blend of threats and activities by state and non-state actors. As a result, it will be explained that while LOSC, as a living instrument, can offer some help towards achieving maritime security, it no longer provides the right framework to safeguard the oceans. To illustrate this point, the conduct of maritime law enforcement operations by states and the development of maritime domain awareness and information-sharing practices will be evaluated and it will be shown that in some cases LOSC might hinder the efforts of states to enhance maritime security. It will thus be concluded that LOSC cannot offer a solution to all maritime security threats, and new mechanisms and conventions are needed to achieve maritime security and regulate the emerging activities of state and non-state actors in the maritime domain.