Legal Standards and Dispute Resolution in Exclusive Economic Zone Delimitation: A Critical Analysis of Article 74 of the United Nations Convention on the Law of the Sea

Abstract

This paper critically examines the legal standards and dispute resolution mechanisms for the delimitation of Exclusive Economic Zones (EEZs) as outlined in Article 74 of the United Nations Convention on the Law of the Sea (UNCLOS). It explores the challenges associated with the application of the equity principle, highlighting its inherent ambiguity and the difficulties it poses in achieving consistent and fair outcomes. The paper also analyzes the limitations of voluntary dispute resolution mechanisms, such as negotiation and conciliation, particularly in cases involving significant power imbalances between states. Furthermore, the procedural complexities and costs associated with formal legal processes, such as arbitration and adjudication, are discussed as barriers to effective dispute resolution. The analysis underscores the need for reform and greater clarity in the application of Article 74, advocating for the development of more precise guidelines and the enhancement of regional cooperation frameworks to ensure equitable and sustainable resolutions to maritime boundary disputes.