Mixed disputes

De Herdt, Sandrine W (2022) Mixed disputes. The International Journal of Marine and Coastal Law, 37 (2). pp. 358-367. ISSN 15718085

[thumbnail of estu-article-p358_9.pdf] Text
estu-article-p358_9.pdf - Published Version
Restricted to Registered users only

Download (1MB) | Request a copy

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
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

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item