De Herdt, Sandrine W (2022) Mixed disputes. The International Journal of Marine and Coastal Law, 37 (2). pp. 358-367. ISSN 15718085
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Abstract
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.
Item Type: | Article |
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Keywords: | UN convention for the law of the sea (LOSC) | Mixed disputes | Jurisdiction | Maritime delimitation | Sovereignty |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Syed Anas |
Date Deposited: | 05 Mar 2022 11:34 |
Last Modified: | 22 Feb 2023 06:14 |
Official URL: | https://doi.org/10.1163/15718085-bja10082 |
URI: | https://pure.jgu.edu.in/id/eprint/1488 |
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