Abstract
Abstract This chapter examines the judicial decisions relating to subject matter jurisdiction in cases arising under the UN Convention on the Law of the Sea (UNCLOS). It analyses the characterisation of disputes to determine if they concern the interpretation or application of UNCLOS, particularly asking whether territorial sovereignty disputes may be resolved in UNCLOS dispute settlement. Questions of incidental jurisdiction are considered. The chapter addresses possible jurisdictional limitations in relation to disputes concerning fishing and the marine environment. The discussion also assesses the optional exceptions to compulsory jurisdiction under UNCLOS, which include maritime boundary delimitation disputes, historic bays, and historic title disputes, as well as disputes concerning military activities and certain law enforcement activities. The final part of the chapter examines the difference between applicable law and subject matter jurisdiction, and the relevance of renvoi and rules of reference in UNCLOS for jurisdiction.
Published Version
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