ABSTRACT
This chapter analyses the basic rules regulating the conduct of States acting in overlapping maritime areas under the modern international law of the sea, with a particular focus on seabed-related activities. It examines the impact of maritime delimitation disputes on energy investments in maritime areas subject to overlapping claims. Given that maritime delimitation, whether through diplomatic or judicial means, can often be a very time-consuming process, the claimant States may not be able to afford to suspend the economic exploitation of the overlapping areas pending delimitation. There is a clash between any unilateral action that could aggravate the dispute and could threaten international peace and security. United Nations Convention on the Law of the Sea (UNCLOS) contains primary rules applicable to situations of overlapping maritime claims. Articles 74(3) and 83(3) of UNCLOS impose a positive obligation on States ‘in a spirit of understanding and cooperation’ to make every effort to conclude provisional arrangements of a practical nature, pending delimitation.
