arbiter
JournalsAccount

The ‘Constitution for the Oceans’? The Law of the Sea Convention as a Living Treaty

Reece Lewis

International & Comparative Law Quarterly2025https://doi.org/10.1017/s0020589325000120article
ABDC A*
Weight
0.41

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.

2 citations

Open via your library →

Cite this paper

https://doi.org/https://doi.org/10.1017/s0020589325000120

Or copy a formatted citation

@article{reece2025,
  title        = {{The ‘Constitution for the Oceans’? The Law of the Sea Convention as a Living Treaty}},
  author       = {Reece Lewis},
  journal      = {International & Comparative Law Quarterly},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1017/s0020589325000120},
}

Paste directly into BibTeX, Zotero, or your reference manager.

Flag this paper

The ‘Constitution for the Oceans’? The Law of the Sea Convention as a Living Treaty

Flags are reviewed by the Arbiter methodology team within 5 business days.

Evidence weight

0.41

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.25 × 0.4 = 0.10
M · momentum0.55 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.