Maritime Regulation and Enforcement. The Legal Framework for the South China Sea.

Abstract

The 1982 United Nations Convention on the Law of the Sea reaffirms the rights and capacities of coastal states to undertake maritime regulation and enforcement within their recognized maritime zones, and in limited cases beyond those maritime zones. However, these coastal state rights need to be balanced against the freedoms of navigation that are enjoyed by foreign flagged vessels and also other constraints that exist within the Convention. In the South China Sea the issues associated with maritime regulation and enforcement are particularly significant given the contested nature of the maritime domain within the region and the potential for maritime enforcement operations to raise tensions.