Open research questions in International Maritime Law Issues
307 gap statements mined from International Maritime Law Issues papers in our 7.9M-paper local library, which holds 1,653 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.
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What the literature leaves open
Its application of the principle of systemic integration is open to question, and greater caution and restraint are warranted when considering the best available science and climate treaties in interpreting the law of the sea.
The ICJ’s application of the law of the sea in its climate change advisory opinion: a critical assessment · 2026 · DOIWhat cannot yet be said is a good deal, and the open questions should be listed with their tests attached rather than gestured at.
The plume carries no flag: unilateral seabed mining and the pollution duties that bind nonparties to UNCLOS · 2026 · DOIWhether this negotiation process will be more successful than previous attempts remains to be seen, particularly in light of the required consensus for the adoption of any instrument.
This short article first provides a brief historical background to the revision of the CMC, then evaluates key changes to liability for ship-source oil pollution in the revision, and finally pinpoints several issues that remain to be addressed even after Chapter 12 was inserted.
Combating Ship-Source Marine Pollution: China’s Legislative Revisions on Civil Liability for Ship-Source Oil Pollution Damage · 2026 · DOIThe article concludes that a re-evaluation of the Implementation Agreement is warranted.
Fifty-two years since the 1972 Declaration of the United Nations Conference on the Human Environment, deep seabed mining in areas beyond national jurisdiction remains controversial and widely discussed.
Strengthening Environmental Impact Assessment Obligations of Deep Seabed Mining in Areas beyond National Jurisdiction · 2024 · DOIIt also considers that whilst the implementation of key LOSC marine environmental pollution obligations is subject to a degree of differentiation, a matching duty to assist certain States in fulfilling their responsibilities is currently lacking.
Accommodating a Future Plastics Treaty: the ‘Plasticity’ of the UN Convention on the Law of the Sea · 2024 · DOIAt present, the study of marine geoeconomics in China is still in its initial stage of exploration, and the relevant basic theoretical research and quantitative analysis from multi-scales and multi-perspectives are relatively lacking, and the disciplinary characteristics of geography and resource science have not been fully reflected.
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 · DOIThe analysis highlights the need for attention to procedural fairness in the contexts of timing of release, reasonableness of the bond, and process of confiscation.
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.
Climate-responsible management of ocean-related activities largely remains limited to academic or policy discussions, rather than being implemented in operational practice.
Strengthening the Ocean Carbon Sink under the UNCLOS: A Preliminary Assessment on the ITLOS Climate Change Advisory Opinion · 2026 · DOIThe 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.
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 · DOIFuture 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 · DOIThe 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 · DOIThe study highlights limited governance capacity as a major challenge. The study notes that uneven cooperation among the five Central Asian countries is a challenge.
The results suggest that the effects of the plume and sedimentation from mining are largely limited to the mined area.
Benthic Plume Generation and Sedimentation from a Commercial-Scale Model of Polymetallic Nodule Mining in the Clarion–Clipperton Zone · 2026 · DOIThis article examines the applicable conditions allowing courts and tribunals competent under Article 288(1) of the LOSC to extend jurisdiction to disputes that need not limited to the LOSC but relate also to territorial disputes.
Jurisdiction of Courts and Tribunals under the UN Convention on the Law of the Sea over Disputed Land Areas · 2024 · DOIThe 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 · DOIThe effectiveness of the amendment remains dependent on The Flag State implementation and enforcement.
Conduct scientific marine investigations to obtain background data on MPA establishment and delimitation, - Improve MPA planning and establish a well-connected MPA network in national…
Reflections on How to Reach the “30 by 30” Target: Identification of and Suggestions on Global Priority Marine Areas for Protection · 2024 · DOIFurther 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 · DOIExploring 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 · DOIThere is no single, comprehensive international treaty specifically dedicated to plastic pollution - The issue is divided among various legal…
Most-cited papers in International Maritime Law Issues
- Neoliberalism in the oceans: “rationalization,” property rights, and the commons question · Geoforum · 2004 · 334 citations
- Challenges to the sustainability of deep-seabed mining · Nature Sustainability · 2020 · 235 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
Most recent work
- Beyond diplomatic victory: Foreseeable challenges in the implementation of the BBNJ Agreement · Ocean & Coastal Management · 2026
- Environmental Impact Assessment Under the Biodiversity Beyond National Jurisdiction Agreement and the Equivalence Exception · The International Journal of Marine and Coastal Law · 2026
- 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
- Approvals by the China NMPA in 2025 · Nature Reviews Drug Discovery · 2026
- Blue (Un)certainties: Mitigization of the Deep-Sea Mining Policy Process in the Arctic Mid-Ocean Ridge, Norway · Global Environmental Politics · 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
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