The ‘Constitution for the Oceans’? The Law of the Sea Convention as a Living Treaty
Reece Lewis
Abstract
Abstract It has been over 40 years since the United Nations Convention on the Law of the Sea (LOSC) was concluded and opened for signature, and 30 years since its entry into force. This has sparked renewed attention to the question of how the LOSC can continue to regulate new uses of, and threats to, our oceans. Some have sought to answer this question by framing the LOSC as a ‘constitution’ for the oceans, as a reassertion of its continued influence. This article shows that this provides a false sense of security. While the LOSC is one of the most impressive and significant treaties, it should not be regarded as a constitution. This article examines how the LOSC can remain an effective and enduring framework for the law of the sea, arguing that regarding it as a constitution does not necessarily contribute to that goal. Instead, it proposes a new approach to the treatment of the LOSC which attempts to explain how best it can serve as a ‘living treaty’ and as a framework that is truly capable of guiding legal responses to new opportunities and challenges at sea.