THE DISRUPTIVE EFFECTS OF FAILED STATES OVER THE LEGAL ORDER OF SEAS AND OCEANS (original) (raw)

Failed states have a limited capacity to defend state interests within the framework of the law of the sea and, furthermore, their legal and authoritative limitations threaten the interests of other states, therefore representing a threat to the international maritime order. In addition, their lack of state capacity leads to a failure to carry out their key function to act as agents of the international community in the unilateral protection of the general interests of the international community. The thrust of the argument here is that failed states have enormous disruptive capacity for the legal order of seas and oceans. The limits of failed states in not exercising powers, faculties and rights assigned to them by the law of the sea and in not complying with their international duties-be that as coastal states, flag states or port states-not only harms them and others, but also carries with it systemic effects for the legal maritime order, the governance of the oceans and the harmony and effectiveness of the international regime of the sea. Keywords failed states-state interest-global public interest-international maritime order-international maritime regime