Open research questions in International Maritime Law Issues

What the literature leaves open

• Further study on the implementation of international law in regulating environmental damage during armed conflicts, - Research on the development of international soft law or model clauses governing marine environmental protection in armed conflicts

  Normative conflicts and collaborative governance of environmental damage in modern naval armed conflicts: an original analysis based on legal mapping and composite security · 2026 · DOI

• The lack of clear definition of the legal status of unmanned vessels in rights protection and law enforcement. The challenge of achieving equivalence to human crew across technical and legal functions. The need for rules and regulations to govern the use of UMVs in law enforcement activities.

  The rules for defining the legal status of unmanned vessels in rights protection and law enforcement · 2026 · DOI

• The Code contains no regulatory provisions on extraterritorial harm originating from domestic territory, and the division of powers and responsibilities for special maritime zones such as exclusive economic zones, the area and the high seas remains unclear.

  From weak governance to strong governance: doctrinal reflection and adjustment of transboundary marine ecological environmental governance in China’s Ecological and Environmental Code · 2026 · DOI

• Further analysis of the development of international law and its implications for general international law. Examination of the application of general international law in international judicial practice.

  General international law in the preamble of the United Nations Convention on the Law of the Sea: origin, identification, and application · 2026 · DOI

• The gap between the concept of general international law and its application in international judicial practice. The lack of understanding of general international law as an evolving collective concept.

  General international law in the preamble of the United Nations Convention on the Law of the Sea: origin, identification, and application · 2026 · DOI

• The decoupling of data contribution from model benefits. The market-based restriction of predictive services needed for public-risk governance. The erosion of trust caused by opaque downstream data use and dual-use risks.

  Navigating the frontier of data openness: the obligation to cooperate in marine climate data governance under the AI Era · 2026 · DOI

• The structural misalignment between the existing obligations under UNCLOS and new technological paradigms. The lack of explicit rules and regulations for AI data training.

  Navigating the frontier of data openness: the obligation to cooperate in marine climate data governance under the AI Era · 2026 · DOI

• Exploring multi-stakeholder, hybrid governance models for submarine cable security. Developing a new approach beyond traditional state-centric treaties to secure submarine fiber-optic cables.

  Contemporary interdependence and the governance gap: the obsolescence of UNCLOS in submarine cable security · 2026 · DOI

• The governance gap in submarine cable security creates a critical vulnerability in the global digital economy. The existing international legal framework, UNCLOS, is state-centric and unable to address modern threats.

  Contemporary interdependence and the governance gap: the obsolescence of UNCLOS in submarine cable security · 2026 · DOI

• The study identifies the challenge of balancing coastal State enforcement powers with the protection of navigational freedoms. The analysis highlights the need for attention to procedural fairness in the contexts of timing of release, reasonableness of the bond, and process of confiscation.

  Due Process in the Law of Prompt Release · 2026 · DOI

• Future research could explore the application of the study's findings to specific cases and contexts. The analysis could be extended to examine the implications of the study's conclusions for the development of international law and the protection of navigational freedoms.

  Due Process in the Law of Prompt Release · 2026 · DOI

• Dispersed institutional mandates. Weak scientific data and monitoring. Unclear management and enforcement arrangements. Poor data sharing. Persistent participation and capacity gaps.

  High seas marine protected areas under the BBNJ agreement: implementation gaps and governance pathways · 2026 · DOI

• The main challenge of high seas MPAs lies in their limited coverage and difficulty of translating conservation designations into sustained and coordinated implementation. There is a significant divide between MPA designation and effective protection. The BBNJ Agreement has not yet produced a sufficiently clear operational implementation system.

  High seas marine protected areas under the BBNJ agreement: implementation gaps and governance pathways · 2026 · DOI

• The study identifies a gap in the literature on the role of public opinion in Brunei's foreign policy. The study argues that the economic dependency thesis is insufficient to explain Brunei's foreign policy. The study identifies a need for further research on the role of public opinion in international relations.

  Revisiting the Role of Public Opinion in Foreign Policy: The Case of Brunei in the South China Sea · 2026 · DOI

• The paper identifies the challenge of addressing climate change through international law and ocean governance. It highlights the need for effective legal and policy outcomes to address the adverse impacts of climate change on the oceans. The paper also notes the challenge of integrating ocean governance with environmental governance issues.

  Strengthening the Ocean Carbon Sink under the UNCLOS: A Preliminary Assessment on the ITLOS Climate Change Advisory Opinion · 2026 · DOI

• The paper identifies a gap in the understanding of the role of UNCLOS in addressing climate change. It highlights the need for further research on the implications of the ITLOS Climate Change Advisory Opinion on international law and ocean governance.

  Strengthening the Ocean Carbon Sink under the UNCLOS: A Preliminary Assessment on the ITLOS Climate Change Advisory Opinion · 2026 · DOI

• There is no single, comprehensive international treaty specifically dedicated to plastic pollution - The issue is divided among various legal instruments

  MECHANISMS FOR COMBATING MARINE PLASTIC POLLUTION IN INTERNATIONAL MARINE LAW · 2026 · DOI

• The China P&I Club's risk management models remain relatively traditional. There is a noticeable gap compared to best international practices in leveraging big data analytics and artificial intelligence algorithms for dynamic risk pricing and the development of predictive loss-prevention models.

  Governing the digital transition: the role of protection and indemnity associations in China’s green and sustainable maritime transformation · 2026 · DOI

• The China P&I Club faces unclear legal status, insufficient operational capacity, and delayed internationalization. There is a lack of studies on the role of P&I Associations in China's green and sustainable maritime transformation.

  Governing the digital transition: the role of protection and indemnity associations in China’s green and sustainable maritime transformation · 2026 · DOI

• The study acknowledges the limitations since this article didn't take empirical sampling or single case analysis. The effectiveness of the amendment remains dependent on The Flag State implementation and enforcement.

  Resolution MEPC.384 (81): Is It the Answer? · 2026 · DOI

• The international legal framework under MARPOL and SOLAS did not comprehensively regulate the reporting of container loss incidents. The lack of flag state implementation and enforcement has limited the effectiveness of prior regulations.

  Resolution MEPC.384 (81): Is It the Answer? · 2026 · DOI

• Maritime boundary disputes between India and Bangladesh. Human trafficking and irregular maritime migration in the Bay of Bengal. Overexploitation of fish stocks and the need for sustainable fisheries management.

  Shared Waters, Contested Horizons: India–Bangladesh Maritime Security Cooperation and the Blue Economy in the Bay of Bengal · 2026 · DOI

• The absence of a comprehensive maritime cooperation agreement between India and Bangladesh. The need for sustainable economic development and job creation in the region. The importance of addressing shared challenges, such as maritime boundary disputes and human trafficking.

  Shared Waters, Contested Horizons: India–Bangladesh Maritime Security Cooperation and the Blue Economy in the Bay of Bengal · 2026 · DOI

• Future research could explore the impact of increased private actor participation on the effectiveness of international conventions regulating the carriage of goods by sea. The study's findings could be used to inform the development of more effective international conventions, with a focus on stronger sectoral involvement.

  UNDERSTANDING SECTORAL INFLUENCE IN THE PREPARATION OF INTERNATIONAL CONVENTIONS ON THE CARRIAGE OF GOODS BY SEA: INSIGHTS FROM HAGUE RULES TO ROTTERDAM RULES · 2026 · DOI

• The study identifies a gap in the existing literature regarding the role of sectoral influence in the preparation of international conventions on the carriage of goods by sea. The research highlights the need for a more comprehensive understanding of the participation of private actors in the drafting and finalization of these conventions.

  UNDERSTANDING SECTORAL INFLUENCE IN THE PREPARATION OF INTERNATIONAL CONVENTIONS ON THE CARRIAGE OF GOODS BY SEA: INSIGHTS FROM HAGUE RULES TO ROTTERDAM RULES · 2026 · DOI

Most-cited papers in International Maritime Law Issues

• Neoliberalism in the oceans: “rationalization,” property rights, and the commons question · Geoforum · 2004 · 334 citations
• Integrated marine policy · Marine Policy · 1980 · 223 citations
• Bycatch governance and best practice mitigation technology in global tuna fisheries · Marine Policy · 2011 · 206 citations
• Assessing real progress towards effective ocean protection · Marine Policy · 2018 · 205 citations
• Delamanid: First Global Approval · Drugs · 2014 · 181 citations
• Assessment of scientific gaps related to the effective environmental management of deep-seabed mining · Marine Policy · 2022 · 178 citations
• An analytical framework for studying: compliance and legitimacy in fisheries management · Marine Policy · 2003 · 161 citations
• Globalisation and de-regulation in the maritime industry · Marine Policy · 2002 · 122 citations
• The international legal framework for marine spatial planning · Marine Policy · 2008 · 116 citations
• The first network of marine protected areas (MPAs) in the high seas: The process, the challenges and where next · Marine Policy · 2011 · 108 citations

Most recent work

• Friends with benefits: What constitutes a ‘benefit’ in Access and Benefit Sharing (ABS) for plant genetic resources? · Agriculture and Human Values · 2026
• Law enforcement issues in the disputed maritime areas: apples and pears for the coastal states · Frontiers in Marine Science · 2026
• Just and enduring benefit sharing under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement · Frontiers in Marine Science · 2026
• The BBNJ agreement and its potential to facilitate fisheries management in the ABNJ · Marine Policy · 2026
• Home State Jurisdiction over Corporate Harms at Sea in Fisheries in Southeast Asia · Ocean Development & International Law · 2026
• The BBNJ Agreement and IMO: What Role for Maritime Law Instruments and Measures? · Ocean Development & International Law · 2026
• Geopolitical Upheaval Through Climate Measures: IMO and EU Decisions for International Shipping · Ocean and Society · 2026
• Digitalization as an enabling pathway for preserving land-based territorial functions and maritime rights of small island developing States amid sea level rise · Marine Policy · 2026
• Australia’s Oceans Agenda: Historical influences, current developments, and future directions · Marine Policy · 2026
• Ocean justice? Marine genetic resources and monetary benefit-sharing under the BBNJ Agreement · Marine Policy · 2026

Related topics in Environmental Science