The 1982 Law of the Sea Convention: A Mere Declaration of Customary International Law?

Prior to the advent of the Law of the Sea Convention of 1982, there were serious controversies and ambiguities surrounding the use and exploitation of the Sea by states. At some point, some powerful maritime nations even engaged in the controversial practice of partitioning and exercising sovereignty over the oceans. Such practices resulted in chaos and disorder on the sea. It was the desire by man to have and maintain peace and order on the seas, that led to the development and codification of the international law of the sea.1 It was these efforts at developing and codifying this aspect of international law that gave birth to the 1982 Law of the Sea Convention. Despite calming the stormy seas and restoring order on the troubled waters, the LOSC has been dismissed by some critics as a mere codification of Customary International Law, that the Convention has not made any new contribution to this aspect of international law. This Research Paper is an attempt to examine the veracity or otherwise, of such claims