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Old laws for new risks at sea: mineral resources, climate change, sea lanes, and cables
Authors:Uwe K Jenisch
Institution:1. Walther-Schuecking Institute of International Law, University of Kiel, Kiel, Germany
Abstract:Maritime security in a broad sense means more than piracy and terrorism. This paper concentrates on the risk potential of current and future resource-related activities on the seabed. The seabed mining of hard mineral resources??in addition to hydrocarbons??leads to new controversial maritime boundary claims of states in their effort to expand national access rights to raw materials. Outer continental shelf claims in the Arctic Ocean are today's test bench for law of the sea conflicts. Fiber-optic cables running through regional seas, straits, and land bridges may become another risky issue, while the pattern of maritime transport routes is moving from Northern to Southern waters. Under a medium-term perspective, the sea level rise will endanger ports and coasts. Borderlines of maritime zones will move and thus generate more injustice and conflicts among states. The tools to solve borderline conflicts and options for dispute settlement are available in UNCLOS. Some other legal gaps are covered by the 2005 SUA Convention and by bilateral agreements, while resolutions by the UN Security Council begin to broaden rights of intervention and interdiction. The need for new laws remains.
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