Law of the Sea and Dispute Resolution Professor Natalie Klein Lakshman Kadirgamar Institute of International Relations and Strategic Studies – 28 June 2017

Introduction outline Evolving maritime disputes in the Indian Ocean include: Fisheries management and enforcement Navigational rights (including military activities of naval vessels) Maritime boundaries, extending to claims over the outer continental shelf. There are diverse mechanisms available to resolve these disputes: Cooperative arrangements on bilateral, regional or international bases International litigation under the UN Convention on the Law of the Sea. Possible lessons to learn: How these sorts of disputes are currently being resolved Sri Lanka’s possible preparation MACQUARIE UNIVERSITY | FACULTY OF ARTS | MACQUARIE LAW SCHOOL

Evolving Maritime Disputes Multifaceted and multidimensional Fisheries Conservation and management Within national waters Across national boundaries Law enforcement Historic rights Maritime boundaries Delimiting the EEZ and the continental shelf Outer continental shelf claims Navigation Rights of passage of commercial vessels Rights of military vessels Surveillance Military exercises Other potential disputes Transnational crime Port access MACQUARIE LAW SCHOOL

Available Dispute Resolution Options Political  legal Negotiations and consultations; mediation Cooperation through bilateral, regional or global organisations Conciliation Arbitration or adjudication MACQUARIE LAW SCHOOL

Cooperative Mechanisms and Arrangements Possible role for sri lanka? Fisheries organisations Regional (existing and new) International level CITES and CMS FAO Bilateral agreements, especially for law enforcement efforts Navigation Maritime security arrangements Regional examples Bilateral law enforcement Freedom of Navigation programs Maritime Boundaries Provisional arrangements mandated under UNCLOS Continental Shelf Commission MACQUARIE LAW SCHOOL

Arbitration or Adjudication Unclos dispute settlement Emphasis on peaceful settlement of disputes and freedom of choice of means State parties may refer disputes concerning the interpretation or application of UNCLOS to arbitration or adjudication Compulsory jurisdiction Choice of forum important Possibility of provisional measures Exceptions to compulsory jurisdiction for certain disputes Fisheries in the EEZ Marine scientific research in the EEZ Optional exclusions: Maritime boundary disputes Historic title or historic bay (note, NOT historic rights) Certain law enforcement activities MACQUARIE LAW SCHOOL

Operation of UNCLOS Application to potential maritime disputes Fisheries disputes Maritime boundary disputes Disputes over navigation and maritime security MACQUARIE LAW SCHOOL

Operation of UNCLOS As it has been used so far Fisheries disputes Advisory Opinion South China Sea Chagos Archipelago, Southern Bluefin Tuna Regional forums are key places for decision-making Maritime boundary disputes South China Sea experience Conciliation experience as between Timor-Leste and Australia Disputes over navigation and maritime security Military activities exception in South China Sea Outside of litigation MACQUARIE LAW SCHOOL

Looking Ahead Proactive responses for sri lanka What extent it can control UNCLOS dispute settlement Use of regional mechanisms and position within those arrangements Securing position in anticipation of bilateral negotiations MACQUARIE LAW SCHOOL

Questions? Thank you for your attention