Date of Award
Master of Science in Maritime Affairs
McConnell, Moira L.
The adoption of the United Nations Convention on the Law of the Sea in 1982, constituted the major political and legal achievement that the International community has ever achieved, regarding the uses of the sea. It is considered as the Constitution of the Oceans binding upon all States, whether they are party or not to the Convention, as part of the current customary international law. Countries holding unilateral positions in this regard are every day less accepted and supported by the international community as a whole.
The fundamentals of the 200nm thesis are now part of the main legal regimes under the Convention, providing its member States with sound juridical safeguards to ensure the protection of their maritime and economic interests within and beyond 200nm.
This dissertation is a study of the current situation of Peru’s maritime interests with regard to the Convention, discussing Peru’s role in its development, and the benefits that Peru may obtain from acceding to the Convention at this point in history. In doing so, the juridical nature of Peru’s maritime domain is examined, the development of the 200nm thesis and its international advocacy are reviewed, and the reasons behind Peru’s decision not to sign UNCLOS in 1982 are discussed. Additionally, Peru’s political, economic, and environmental developments over the last 20 years are reviewed, following by a discussion of the benefits that Peru may obtain from acceding to the Convention to protect its maritime interests within and beyond 200nm, including the maritime boundary delimitation with Chile and Ecuador. Finally, some of the reasons why Peru should accede to UNCLOS at this point in history are briefly discussed in the concluding section of this dissertation.
The discussions contained in this dissertation are based on the analysis of the researched information using a deductive methodology. This dissertation concludes that Peru should accede to the Convention and the 1994 and 1995 Implementing Agreements to ensure the protection of its maritime interests within and beyond 200nm.