Maritime trespass and sovereignty: A doctrinal and comparative legal analysis of international norms and state practice

This study offers a doctrinal and comparative legal analysis of the international frameworks governing maritime trespass—defined as unauthorized incursions into a state’s territorial waters or exclusive economic zones (EEZs). Drawing upon Constructivist International Relations Theory and Legal Pluralism, the research interrogates the legal construction, political contestation, and operational application of key international instruments, including the United Nations Convention on the Law of the Sea (UNCLOS), the SUA Convention, and IMO security frameworks. Through analysis of judicial decisions from international and national courts—such as the ICJ, ITLOS, and various domestic tribunals—this study reveals doctrinal ambiguities, jurisdictional overlaps, and enforcement gaps in addressing unauthorized maritime activities. The evolving role of non-state actors, the rise of emerging technologies (e.g., autonomous underwater vehicles, cyber threats), and the global prevalence of IUU fishing further complicate the enforcement of sovereign maritime rights. Adopting a qualitative methodology, the study synthesizes treaty texts, jurisprudence, and comparative state practice to evaluate legal coherence, enforcement mechanisms, and normative legitimacy. It concludes that international maritime law, while providing foundational tools, requires adaptive reform and coordinated enforcement to respond to modern forms of maritime trespass and to protect the integrity of sovereign maritime zones.