The Limitations of UNCLOS and the Move Towards a Hybrid Model: Case Studies in East Asian Maritime Disputes
The Williston Northampton School, 19 Payson Ave, Easthampton, MA 01027, United States
Abstract
The United Nations Convention on the Law of the Sea (UNCLOS) was created in the early 1980s to prevent the oceans from becoming an irreversible case of the tragedy of the commons. It was thought that a global agreement on the management and use of the oceans would slow and possibly reverse existing damage. This paper reviews the literature to examine the limitations of global governance frameworks and uses case studies of China’s construction of artificial islands in the South China Sea, the Philippines’ arbitration proceedings against China under UNCLOS, and Japan’s classification of Okinotorishima under Article 121 to show that states across the compliance spectrum have interpreted the convention selectively. The analysis argues that a hybrid approach prioritizing agreements adapted to the unique demands and cultures of smaller regions within the broader global framework, while using global agreements for coordination and knowledge-sharing, offers the most promising path forward for ocean governance.
Keywords
Keywords: International law; law of the sea; UNCLOS; artificial islands; East Asia; South China Sea
Introduction
Adopted in 1982, the United Nations Convention on the Law of the Sea (UNCLOS) aimed to establish rules for the allocation of States' rights and jurisdiction in maritime spaces, the peaceful use of the oceans and the management of their resources. However, this global regulation has failed to effectively manage the complex and dynamic nature of human activity and its interaction with the oceans.
Conclusion
The cases examined in this paper reveal a pattern in which states across the compliance spectrum have interpreted UNCLOS selectively to support maritime claims that neighboring states dispute. A hybrid model that uses global agreements for coordination and more precise regional agreements to address specific threats offers the most effective approach to complex ocean governance issues.
How to Cite
Park, Jaejoon. The Limitations of UNCLOS and the Move Towards a Hybrid Model: Case Studies in East Asian Maritime Disputes. Journal of Youth Impact. June 2026; 1(Issue 2). DOI: https://doi.org/10.66245/jyi.v1.i2.014