Peruvian maritime domain, security and oceanic governance: normative, institutional evolution and challenges

Abstract

The sea has historically been a driving force for development and security for states. In the case of Peru, sovereign rights over its marine resources were asserted early on up to 3 miles, this was extended to 200 nautical miles with Supreme Decree No. 781 of 1947; principles of sovereignty and jurisdiction were reinforced in the Declaration of Santiago (1952) and in its regulatory practice, anticipating principles that would later be consolidated in the United Nations Convention on the Law of the Sea (1982). Institutionally, the Peruvian Navy, by constitutional mandate, exercises powers and functions related to the defense, control, and surveillance of the use of its maritime domain, as well as the supervision of activities carried out in this area to strengthen national maritime interests; tasks that are carried out with the support of international instruments. However, although Peru is not a party to the United Nations Convention on the Law of the Sea, it has formally recognized before the International Court of Justice in The Hague that “the term «maritime domain» used in our constitution is applied in a manner consistent with the maritime zones identified in the 1982 Convention... Peru accepts and applies the rules of customary international maritime law as reflected in the Convention..." This article complements and updates the article published by the Diplomatic Academy of Peru Foundation: Peru and the Convention on the Sea, Review and Perspectives, first edition May 2023, entitled "Security and Defense within the Framework of UNCLOS."