White papers News

The Unknown Dimension of UNCLOS as an Instrument of Power

The United Nations Convention on the Law of the Sea (UNCLOS) is often described as the constitution of the oceans. Yet an important evolution is underway: UNCLOS as an instrument of power is becoming central to how states apply maritime sanctions and enforce compliance at sea.

As sanctions lists expand to target vessels, operators and beneficial owners, enforcement actions are no longer purely political gestures. They rely directly on jurisdictional authorities embedded in UNCLOS — from port state control and flag state responsibilities to provisions governing innocent passage and high seas freedoms. The legal architecture of the Convention is increasingly operationalised in real time.

This interaction marks a critical moment. When vessels linked to sanctions breaches are detained, inspected or denied access to ports, such measures are grounded in internationally recognised legal competences. In this context, UNCLOS as an instrument of power does not undermine maritime freedom; it reinforces lawful order by situating enforcement within an accepted global framework.

Recent developments involving shadow fleet tankers and AIS manipulation demonstrate how compliance scrutiny depends on UNCLOS-defined obligations. Flag state accountability, due regard for other states, and navigational rights all derive their legitimacy from the Convention itself (see the UN overview of UNCLOS).

Importantly, the disciplined application of sanctions through UNCLOS reflects a positive trend. Rather than bypassing international law, states are invoking it to legitimise enforcement and acknowledge its regime. UNCLOS as an instrument of power therefore strengthens predictability in a fragmented maritime environment, as the recent interception of a Russian shadow fleet tanker by the Belgian Navy (The Brussels Times)

In a period of geopolitical tension, authority at sea is increasingly exercised through codified law. That consolidation of legal primacy is not a constraint — it is a stabilising force for the global maritime system.