This article brings together recent developments in United Nations Convention on the Law of the Sea jurisprudence regarding the issue of mixed disputes and points to some of the current uncertainties.
Author
Sandrine W. De Herdt, Assistant Professor, Jindal Global Law School, O. P. Jindal Global University, Sonipat, Haryana, India; Nippon Fellow, International Tribunal for the Law of the Sea, Hamburg, Germany; Athens Public International Law Center, Faculty of Law, National & Kapodistrian University of Athens, Athens, Greece.
Summary
It is now clear that a dispute concerning sovereignty over land territory does not fall within the scope of a dispute concerning the interpretation or application of the United Nations Convention on the Law of the Sea (LOSC), unless the external issue arose as an incidental question in the application of the Convention.
Less clear, however, is under what circumstances the competence of LOSC tribunals extend to the determinations of law that are ancillary/incidental to the main issue regarding a dispute concerning the interpretation or application of the Convention.
This article brings together recent developments in LOSC jurisprudence regarding the issue of mixed disputes and points to some of the current uncertainties.
Published in: The International Journal of Marine and Coastal Law
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