Stakeholders in Dispute Settlement under the UN Convention on the Law of the Sea

Abstract

The role of various actors in dispute settlement processes under the UN Convention on the Law of the Sea (UNCLOS) may be assessed from different perspectives to assess the relevance or salience of those actors in decision-making processes. This chapter utilises a stakeholder identification theory, more commonly utilised in management contexts, to identify and prioritise the interests of different actors from the perspective of the judge in reaching decisions to advance the goals of UNCLOS dispute settlement. The theory is tested against the decisions made on the interpretation of Article 121(3) of UNCLOS in the South China Sea arbitration. The use of stakeholder identification theory enables us to examine the position of superpowers, as well as other states and non-state actors, in relation to a particular legal question and consider how well their interests and claims are met in judicial decision-making under UNCLOS. The author concludes that the theory is a useful explanatory tool and could bring greater transparency in decision-making but acknowledges limitations in its applicability to the UNCLOS context.