What is Maritime Law in International Politics?

Politics — James William Steven Parker

Maritime law in international politics is the body of international legal rules governing the use of oceans and seas, maritime jurisdiction, navigation, marine resources, environmental protection, seabed activities, maritime boundaries and relations among coastal States, flag States, port States and other international actors. Its principal comprehensive treaty framework is the United Nations Convention on the Law of the Sea, commonly known as UNCLOS.

UNCLOS describes itself as establishing a legal order for the seas and oceans intended to facilitate international communication, peaceful uses, equitable and efficient resource utilisation and conservation and protection of the marine environment. Maritime law is therefore much broader than commercial shipping law. In international politics it determines how States exercise authority over maritime spaces while preserving internationally recognised rights of navigation, resource use and communication. It also provides legal concepts through which strategic disputes over maritime territory, fisheries, energy resources, shipping routes and seabed resources are framed and managed.

A central feature of maritime law is the division of ocean space into different legal zones with different rights and jurisdictional consequences. The territorial sea extends up to a maximum of 12 nautical miles from the relevant baselines under UNCLOS, within which the coastal State exercises sovereignty subject to internationally recognised rights such as innocent passage. The contiguous zone can extend to 24 nautical miles and permits specified forms of control relating to customs, fiscal, immigration and sanitary laws.

The exclusive economic zone can extend up to 200 nautical miles and gives the coastal State specified sovereign rights over natural resources and certain jurisdictional competences while preserving important freedoms of navigation and other lawful uses for other States. The continental shelf concerns seabed and subsoil rights and can in particular circumstances extend beyond 200 nautical miles subject to the Convention's rules. These zones are therefore not simply concentric areas of identical sovereignty but distinct legal regimes.

Navigation is one of the most politically significant aspects of maritime law because international commerce and naval movement depend upon predictable access to maritime routes. UNCLOS establishes the regime of innocent passage through the territorial sea, under which foreign ships have a right of passage provided the passage meets the Convention's conditions.

The coastal State may adopt laws concerning matters such as navigational safety, marine environmental protection, conservation of living resources and customs or sanitary controls, subject to the Convention's limitations. UNCLOS also permits coastal States, where necessary for navigational safety, to establish sea lanes and traffic separation schemes within their territorial seas. These rules illustrate the balance at the heart of maritime law. Coastal States have significant jurisdiction near their shores, but that jurisdiction exists alongside international rights of navigation and communication that prevent maritime spaces from becoming completely closed to foreign vessels.

Maritime law is also central to disputes concerning maritime boundaries. When the maritime zones of neighbouring or opposite coastal States overlap, the States may need to establish boundaries through agreement or applicable international legal processes. Maritime delimitation can involve territorial seas, exclusive economic zones and continental shelves and can be politically sensitive because maritime boundaries can determine access to fisheries, hydrocarbons, seabed minerals and strategic waters.

International law seeks to structure such disputes through legal principles and peaceful settlement mechanisms rather than allowing unilateral assertion of competing claims to determine the result. The political significance can be substantial because maritime boundaries may affect national security, economic development, resource control and relations with neighbouring States. Maritime law therefore provides both substantive rules concerning maritime entitlements and procedural frameworks through which disputes can be negotiated or adjudicated.

Marine resources provide another major connection between maritime law and international politics. Coastal States exercise different forms of jurisdiction over living resources within maritime zones, while UNCLOS establishes regimes concerning fisheries, seabed resources and activities beyond national jurisdiction. The Convention also establishes the legal regime for the international seabed area beyond national jurisdiction, including the principle that the Area and its resources have a special international legal status and are subject to rules concerning peaceful use, resource development and equitable benefit considerations.

Maritime resource governance therefore involves competing concerns over national sovereignty, conservation, economic development and international cooperation. Fisheries can generate disputes because migratory stocks cross maritime boundaries, while seabed resources can raise questions about technological capacity, environmental impacts and benefit sharing. Maritime law attempts to provide common rules for these problems while leaving considerable room for negotiation and institutional development.

Environmental protection is increasingly important to maritime law because oceans are interconnected and pollution or ecological degradation can cross national boundaries. UNCLOS contains provisions addressing marine environmental protection, pollution prevention and obligations concerning the preservation of marine ecosystems and resources. Coastal States can adopt certain environmental laws concerning activities affecting their territorial seas, while ships exercising navigation rights remain subject to applicable international rules and standards. The Convention also addresses responsibility and liability in specified maritime contexts.

This environmental dimension changes the political meaning of maritime jurisdiction because States must balance resource exploitation, shipping, energy development, fisheries and environmental protection. International maritime politics therefore involves not only territorial and military competition but also collective governance of common or interconnected marine systems where unilateral action can create consequences beyond a single State's jurisdiction.

Maritime law has a major strategic dimension because oceans are used for naval operations, commercial shipping, communications infrastructure, energy transportation and submarine cables. International legal rules influence how States interpret navigation rights, jurisdiction, military activity and maritime security, although the precise application of particular rules can be contested. Warships have special legal status in several contexts, and UNCLOS addresses their treatment in territorial seas and the responsibility of flag States for specified conduct.

The law therefore operates within an international political environment in which States may have overlapping strategic interests. Legal rules do not eliminate disagreement, but they provide common concepts through which governments formulate claims, negotiate agreements and contest conduct. Maritime law consequently functions simultaneously as a legal framework, a resource governance system, a navigation regime and an important component of international security politics.

Maritime law in international politics is thus best understood as a system for allocating rights, responsibilities and jurisdiction across a shared global maritime environment. UNCLOS is central but does not exhaust the field, because other international agreements, customary international law and specialised maritime institutions also regulate shipping, safety, environmental protection and other subjects. The International Maritime Organization is an important institutional actor in international maritime governance, while UNCLOS provides the overarching legal framework for many jurisdictional questions.

Maritime law should not be confused with domestic admiralty law, which governs matters such as shipping contracts, collisions and maritime claims under national legal systems, although domestic maritime law often implements international obligations. Its international political significance arises because maritime rules affect sovereignty, trade, security, resources, environmental governance and relations between coastal and maritime powers.