PAKISTAN’S MARITIME LEGAL REGIME UNDER INTERNATIONAL LAW OF THE SEA: A CRITICAL ANALYSIS OF COMPLIANCE WITH UNCLOS

Abstract

The Convention of the Law of the Sea of United Nations (UNCLOS) is the most significant tool of the modern maritime governance which establishes the legal framework in which the maritime areas are delimited, the navigational rights are under control, the use of resources is regulated, and the marine environments are safeguarded, and the dispute settlement mechanisms are provided. Being a maritime and coastal nation on the Arabian Sea, it is not only necessary that Pakistan adheres to the compliance of the norms of the UNCLOS as a way of ensuring the protection of the sovereign prerogatives of the state, but also to ensure regional maritime security and the sustainable management of the oceanic resources. Pakistan became a party to UNCLOS in 1997 and has since then passed a set of domestic laws and policies aimed at controlling its maritime zones, i.e. the territorial sea, contiguous zone, exclusive economic zone (EEZ) and continental shelf. This research paper is a critical assessment of the Pakistan maritime legal regime in relation to its UNCLOS obligations, and estimates to what extent national laws, institutional frameworks and the enforcement systems are consistent with the prevailing international legal standards. The assessment covers main areas, such as the demarcation of the maritime boundaries, fishery management, safeguarding of the marine environment, merchant marine security, control of the ports and state, and the process of dispute resolution. Even after seminal legislation, including the Territorial Waters and Maritime Zones Act, 1976, and the Exclusive Economic Zone Act, 2013, have been promulgated by Pakistan, it has far to go on harmonization, implementation, and enforcement. The research approach that will be adopted in this paper is comparative legal analysis, which will compare the maritime legal framework of Pakistan with the provisions of UNCLOS and relevant state practice. The research also reflects judicial interpretations, the international case law, and the emerging customary law of the sea. The results show that, despite Pakistan having a high level of formal adherence to the UNCLOS, institutionally, issues such as institutional fragmentation, lack of maritime surveillance capacity, deficiency in environmental governance, and regional geopolitical factors make it hard to effectively enforce the Convention. These findings conclude that strengthening the maritime Pakistani legal regime requires updating of the legislations, increasing the level of inter-agency collaboration, augmenting a more comprehensive maritime domain awareness structure, and increasing involvement in international dispute settlement modalities. Pakistan can help ensure that its maritime affairs are well-defended, promote sustainable growth, and meet international standards of law by aligning its domestic laws with the standards of UNCLOS.