The Challenges of International Maritime Treaty Enforcement: Examining Outcomes of the South Sea and Red Sea Dispute

The challenges of enforcing international treaty obligations are explored through the lens of the United Nations Convention on the Law of the Sea (UNCLOS) and its newly introduced addendum, the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. Through a detailed analysis of two case studies—the South China Sea Dispute and the Red Sea Dispute—this paper highlights the significant obstacles to treaty enforcement, particularly in contexts of power imbalances. Both disputes, arbitrated by the Permanent Court of Arbitration, reveal a troubling pattern of non-compliance by stronger states, such as China and Eritrea, despite legally binding rulings. These findings underscore the limitations of international enforcement mechanisms, which often rely on voluntary compliance and lack meaningful penalties. The paper argues that these deficiencies not only undermine existing frameworks like UNCLOS but also raise concerns about the efficacy of the BBNJ Agreement in addressing pressing environmental and maritime governance challenges. The analysis concludes by emphasizing the need for stronger, more equitable enforcement mechanisms to ensure that international treaties serve as effective tools for global cooperation rather than instruments of geopolitical power struggles.