Admissibility of counterclaims: The practice of UNCLOS tribunals

De Herdt, Sandrine W (2022) Admissibility of counterclaims: The practice of UNCLOS tribunals. Journal of International Dispute Settlement, 13 (1). pp. 79-97. ISSN 20403585

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This article considers the admissibility and procedural aspects relating to the filing of counterclaims in international law, with particular reference to bodies exercising jurisdiction under the United Nations Convention on the Law of the Sea —namely the International Court of Justice, International Tribunal for the Law of the Sea and Arbitral Tribunal instituted under Annex VII to this Convention. Counterclaims in the context of UNCLOS tribunals raise specific questions. For instance, the ambiguity concerning the rules applicable to counterclaims presented in Annex VII proceedings has recently been dealt with by an Annex VII Arbitral Tribunal in The ‘Enrica Lexie’ Incident case. The approach of the Tribunal needs careful consideration. In the M/V “Virginia G” Case, the approach taken by ITLOS questions the manner of interpretation of the ‘direct connection’ requirement in the context of UNCLOS cases. For this purpose, the present study of counterclaims provides a comparative analysis of the rules and practices of the three aforementioned bodies.

Item Type: Article
Keywords: Filing of counterclaims | International law | United Nations Convention on the Law of the Sea
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: 10 Mar 2022 08:35
Last Modified: 16 Jun 2022 08:57
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