Defining Disputes and Characterizing Claims: Subject-Matter Jurisdiction in Law of the Sea Convention Litigation

The Law of the Sea Convention (LOSC) is well-known for containing a compulsory dispute settlement system in Part XV, which allows most disputes to be submitted to binding adjudication or arbitration. Yet, the ability to bring a claim under the LOSC is premised upon meeting certain conditions contain...

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Published inOcean development and international law Vol. 48; no. 3-4; pp. 269 - 283
Main Author Harrison, James
Format Journal Article
LanguageEnglish
Published New York Taylor & Francis 02.10.2017
Taylor & Francis LLC
Subjects
Adjudication
Admissibility
ARBITRATION
Claims
compromissory clause
Conflict resolution
Conflicts
Courts
DISPUTE RESOLUTION
dispute settlement
Disputes
Federal court decisions
International law
JURISDICTION
jurisdiction ratione materiae
Jurisprudence
LAW OF THE SEA
Litigation
MARITIME LAW
Sea law
subject-matter jurisdiction
Tribunals & commissions
UNITED NATIONS
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Summary:The Law of the Sea Convention (LOSC) is well-known for containing a compulsory dispute settlement system in Part XV, which allows most disputes to be submitted to binding adjudication or arbitration. Yet, the ability to bring a claim under the LOSC is premised upon meeting certain conditions contained in the Convention's compromissory clause. This article examines those requirements relating to jurisdiction ratione materiae or subject-matter jurisdiction under LOSC and how they have been interpreted in the recent jurisprudence of courts and tribunals.
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2018-02-08T10:43:52+11:00
OCEAN DEVELOPMENT AND INTERNATIONAL LAW, Vol. 48, No. 3-4, July / December 2017: 269-283
ObjectType-Article-1
SourceType-Scholarly Journals-1
ObjectType-Feature-2
content type line 14
ISSN:0090-8320
1521-0642
DOI:10.1080/00908320.2017.1328924