Navigating Conflict: Legal Responses To Maritime Trade Disruptions And Risk Allocation Under International Law
- IJLLR Journal
- May 9
- 2 min read
Ashok Singh Kathayat, LLM, Chhatrapati Shivaji Maharaj University (CSMU) in Navi Mumbai, Maharashtra
Dr. S. P. Mishra, Chhatrapati Shivaji Maharaj University (CSMU) in Navi Mumbai, Maharashtra
ABSTRACT
Countries have interacted, traded, and even fought in military war for decades—and in some cases, more than a century—while mostly adhering to international law. However, it is now clear that these legal systems are under increasing pressure as the world community is on the verge of significant political, economic, technical, and environmental changes. The growing geopolitical tensions in the Strait of Hormuz, in particular, have brought attention to how urgently this strategically important and primarily maritime waterway needs to be governed by stable, enforceable legal regulations.
Global trade flows have been severely affected by the escalation of geopolitical conflicts in strategic maritime zones, exposing structural flaws in the international legal framework controlling maritime commerce. Conflict areas including the Red Sea, Black Sea, and Strait of Hormuz have caused vessel rerouting, increased insurance costs, and more complicated issues about contractual responsibilities and liability.
Through the prism of international maritime law, this Paper critically investigates the legal ramifications of such disturbances. Carrier liability, the doctrine of force majeure, marine insurance, and the principle of freedom of navigation as embodied in the United Nations Convention on the Law of the Sea (UNCLOS) are among the main topics it focuses on.
The current legal system, predominantly influenced by the Hague-Visby Rules, is contended to be fragmented and insufficiently prepared to address the emerging hazards associated with conflict-induced maritime disruptions.
This Paper calls for the establishment of a more unified, coherent, and adaptive legal framework by analysing pertinent case law and recent geopolitical developments, aimed at resolving the challenges of contemporary marine trade in conflict-prone areas.
Keywords: International Maritime Law, Maritime Trade Disruptions, Geopolitical Conflicts, Strait of Hormuz, Carrier Liability, Force Majeure, United Nations Convention on the Law of the Sea
