New Delhi, March 26 (NationPress) Rethinking the United Nations Convention on the Law of the Sea (UNCLOS) is less about creating a new maritime constitution and more about revitalizing the current framework, which has become strategically inadequate, according to a report released on Thursday.

In an article for ‘India Narrative', former Indian diplomat Sanjay Kumar Verma emphasized that the Strait of Hormuz exemplifies how geographical factors can render established legal rights susceptible to coercive actions. He pointed out that recent events in the Taiwan Strait illustrate how navigational freedoms can be jeopardized when legal matters become intertwined with sovereignty disputes and strategic posturing.

Furthermore, Verma noted that the South China Sea serves as a prime example of how a legally binding ruling can fail to restore order without consistent enforcement.

The former diplomat underlined that UNCLOS represents one of the most significant successes of post-war international diplomacy.

"It established a legal framework for the oceans where previously there were overlapping claims, inconsistent practices, and the continual temptation to resolve disputes through sheer power. It struck a balance between the rights of coastal nations and the needs of maritime powers, providing a structure through which navigation, resource utilization, marine research, and dispute resolution could be conducted with a degree of predictability. To this day, despite the visible strains in the world's most contested waters, there is no viable alternative to it," Verma elaborated, underlining the importance of UNCLOS.

Verma cautioned that the issues facing UNCLOS today can be traced back to the Strait of Hormuz. Although transit passage is protected by law, geographical realities still afford opportunities for coercive leverage. Threats of disruption have immediate repercussions on energy markets and shipping decisions, and legal rights alone do not diminish the strategic significance of such chokepoints. The dilemma facing UNCLOS is not the absence of law, but rather that law alone is inadequate where coercive capabilities and strategic locations intersect," he remarked.

According to Verma, UNCLOS was conceived in a time when codified rules were believed to shape state conduct over time. While that belief continues, its force has diminished. The way forward, he argued, is not to discard UNCLOS but to fortify it with stringent compliance mechanisms, stricter interpretative guidelines, and enhanced bilateral, minilateral, and plurilateral collaborations.

“If the twenty-first century is to avoid a maritime order dominated by intimidation, ambiguity, and incremental changes, the law of the sea must evolve into a new phase. Its foundational principles remain valid. However, the assumption that these principles will enforce themselves is no longer sufficient. The current task is to align the legal framework at sea with a political and operational structure that is prepared to defend it," the seasoned diplomat concluded.