Revisiting Unilateral Exploitation of Mineral Resources in Disputed Water under United Nations Convention on the Law of the Sea: Any New Matter Arising?

This article examines the propriety of states with maritime boundary disputes engaging in unilateral acts of extracting mineral resources in disputed water. It argues that states are generally precluded under international law from adopting the unilateral approach, where no temporary agreement has been reached, pending the final resolution of the maritime boundary dispute in accordance with the United Nations Convention on the Law of the Sea 1982 (UNCLOS). Relying on the relevant provisions of UNCLOS and international jurisprudence, this article argues that the best approach for solving maritime boundary disputes still remains negotiation, mutual cooperation and adoption of a 'win-win situation'.