Freedom Of Navigation Under United Nations Convention On The Law Of The Sea, 1982

Chaitanya Tendulkar, Symbiosis Law School Nagpur

ABSTRACT

The dissertation is a study of the freedom of navigation affected by territorial disputes in the South China Sea and Indian Subcontinent. It is undeniable that the South China Sea plays an important role for the region and the world. Therefore, there have been prolonged maritime disputes between littoral states with increasing tension and complexity. Freedom of navigation is one of important legal principles under UNCLOS. It is the right, interests and obligation of every country, whether they are coastal or landlocked. This is particularly significant for the South China Sea, because freedom of navigation in this sea is being affected by maritime disputes between littoral states. To assess the current situation, the dissertation studies the legal framework for the freedom of navigation as well as laws related to it formulated by UN as well as Indian applicable laws and the influence caused by territorial disputes in the South China Sea related to the freedom of navigation. Comparative case study method with the jurisprudence related to freedom of navigation, as well as the typical incidents caused by territorial disputes in the South China Sea is used to assess and analyse the problem of freedom of navigation in this sea. Furthermore, solutions and recommendations are proposed in conclusion to prevent and eliminate future challenges resulting from conflicts of territorial disputes caused for ensuring freedom of navigation in the South China Sea.

Keywords: Ensure freedom of navigation, Disputed Sea area, Assessment, Solution, South China Sea, UNCLOS, Indian Maritime Laws.