Publication

This paper discusses key limitations of the UN Convention on the Law of the Sea (UNCLOS); particularly the use of territorial sea baselines, navigational regimes, exclusive economic zones, and other issues covered by the convention, such as piracy, hot pursuit and the responsibilities of flag states. The paper concludes that uncertainty in the law of the sea is likely to grow and that state practice in East Asia, under the influence of domestic politics and regional tensions, may continue to diverge from more traditional views of the law. The author argues that the challenge in building an effective regional maritime security regime is to recognize the limitations of UNCLOS and to negotiate a regional consensus on aspects of the convention that are less clear or where differences of view exist.