Navigating the legal governance of Gwadar Port under CPEC: An international maritime law perspective
DOI:
https://doi.org/10.71085/rjhsa.04.04.146Keywords:
Gwadar Port; CPEC, International Maritime Law, UNCLOS, Freedom of Navigation, Maritime Security, Marine Environmental Protection, Maritime GovernanceAbstract
Although much of the existing literature on Gwadar discusses its economic and strategic significance, there is a need to examine the international maritime-law implications of its growing importance. This article critically evaluates the law governing maritime development in connection with CPEC at Gwadar, with a particular focus on the UN Convention on the Law of the Sea (UNCLOS), international maritime law instruments of the International Maritime Organization (IMO), as well as the domestic maritime and environmental laws of Pakistan. The analysis is based on primary legal materials, such as UNCLOS, IMO Conventions, national laws and port regulations of Pakistan, and related literature on international maritime law, port management, CPEC, and maritime geopolitics. The paper contends that the CPEC has not created an independent legal regime for Gwadar, and rather the development of the port continues to be within the purview of the jurisdiction of Pakistan and its international maritime obligations. Furthermore, the increasing economic and strategic importance of Gwadar makes it necessary to balance economic development with freedom of navigation, environmental sustainability, maritime security, and the rights of the coastal population. The paper thus concludes that the legal sustainability of Gwadar in the long run depends on the coordination of institutions, harmonization of domestic law and international obligations, improved environmental and fisheries regulations, foreign commercial regulation and increased maritime cooperation in the region and internationally.
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