RESOLUTION OF BOUNDARY AND NAME DISPUTES UNDER THE UN CONVENTION ON LAW OF THE SEA

Abstract

Maritime Boundary is a conceptual division of the earth’s water surface areas using physiographic or geopolitical criteria. It usually bounds areas of exclusive national rights over mineral and biological resources. The power of a State over its territory is not limited to the terrestrial area but extends also to the sea area adjacent to it therefore maritime boundary are very important. As states formed, developed, and expanded, the need to define and uphold maritime boundaries became increasingly relevant, in order to avoid unnecessary maritime boundary disputes. Notwithstanding the fact that disputes are inevitable in the international community, there was need for the UNCLOS to regulate transactions of states in the seas. These international law efforts subsisted in regulating maritime transactions. It is against this background that the authors argued whether unilateral declaration by the President of the US changing the name of Gulf of Mexico to Gulf of America constitutes a maritime boundary disputes notwithstanding the fact the declaration related only to change of name but not contentions relating to a portion of sea, sea-bed, or even marine resources. The paper therefore maintained that there was research ‘evidence gap’ supporting the traditional claims of states to marine environments bearing names derivative of the coastal state. The authors therefore concluded that maritime name change constituted maritime boundary dispute.

DOI: https://doi.org/10.60787/kblsj.v2i1.66