Threat or Use of Force at Sea. Assessing the Adequacy of the Convention on the Law of the Sea

Abstract

The Convention on the Law of the Sea includes the prohibition of threat or use of force under Article 301, the innocent passage regime and the transit passage regime. However, for a State facing a threat or use of force, is the Convention on the Law of the Sea adequate? To answer this issue, the three relevant provisions will be assessed through interpretation. They may provide measures for the State to respond, but maybe not sufficiently. However, questioning the Convention's adequacy amounts to questioning the usefulness of international treaties.