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

2. 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
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3. 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
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4. Available Dispute Resolution Options
Political  legal
Negotiations and consultations; mediation
Cooperation through bilateral, regional or global organisations
Conciliation
Arbitration or adjudication
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5. 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
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6. 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
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7. Operation of UNCLOS Application to potential maritime disputes
Fisheries disputes
Maritime boundary disputes
Disputes over navigation and maritime security
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8. 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
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9. 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
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10. Questions?
Thank you for your attention