Boundary Disputes and the Law of the Sea

Definitional Boundary Dispute

  • Definition: Disputes arising from differing interpretations of original boundary documents.
  • Resolution: Countries may sue each other in the International Court of Justice to determine the original boundary.
  • Focus: Determining the initial intent and definition of the boundary when it was established.

Locational Boundary Dispute

  • Definition: Disputes over the actual location of a boundary and control of the land.
  • Alternate Name: Territorial disputes, emphasizing ownership of the land.
  • Cause: Often due to changing landforms or interpretations of existing landmarks.

Operational Boundary Dispute

  • Definition: Disputes over how a boundary should be operated or utilized.
  • Focus: Not about the location or definition, but the management and control of the border.
  • Example: The United States and Mexico disagreeing on border wall construction, funding, and enforcement, despite agreeing on the boundary's location.

Allocational Boundary Dispute

  • Definition: Disputes over resources located on or within a boundary.
  • Focus: Concerns the allocation and usage of natural resources.
  • Example: A large oil reserve situated on a border between two states, leading to disputes over access and distribution.

United Nations Convention on the Law of the Sea (UNIQLO's) (Should be UNCLOS)

  • Purpose: Established in 1958 to help countries manage allocational boundary disputes at sea.
  • Outcome: Adoption of the Law of the Sea in 1983, dividing maritime zones.

Zones Defined by the Law of the Sea

  • Territorial Water Zone:
    • Extent: 12 nautical miles from a country's baseline (shoreline).
    • Rights: Countries can pass laws regulating passage of ships from other states.
  • Contiguous Zone:
    • Extent: Between 12 and 24 nautical miles from the shore.
    • Rights: States can enforce laws regarding pollution, taxation, customs, and immigration.
  • Exclusive Economic Zone (EEZ):
    • Extent: Between 24 and 200 nautical miles.
    • Rights: States have sole rights to natural resources like oil and fish.
  • International Waters:
    • Area: Beyond the EEZ.
    • Control: States have no exclusive control.
  • Dispute Resolution: Disputes over the Law of the Sea can be taken to the International Court of Justice.

South China Sea Dispute

  • Significance:
    • Rich in natural resources.
    • Estimated 11 billion barrels of oil.
    • Potentially 9 trillion feet of natural gas.
    • Contains about 10% of the world's fisheries.
    • Connected to the Strait of Malacca, a major trade route.
  • Escalation:
    • China is building islands on reefs and constructing military bases to assert control.
  • Spratly Islands:
    • Location: Cluster of islands in the South China Sea.
    • Claimants: The Philippines, Malaysia, Vietnam, and China.
    • Importance: Control allows extension of EEZ.
  • U.S. Involvement:
    • No direct claim but uses its navy to enforce the international Law of the Sea.
    • China is unhappy with U.S. Navy presence.