The dispute settlement framework under the 1982 United Nations Convention on the Law of the Sea: prospects for India

Abstract

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is unique because it facilitates peaceful settlement of disputes by placing at the States Parties’ disposal several choices among the compulsory procedures for dispute settlement. The availability of diverse choices for dispute settlement and the extensive discretion in making those choices has resulted in the quest for optimal forum selection/forum shopping for settlement of maritime disputes. Also, the jurisdiction of these compulsory dispute settlement procedures is subject to certain limitations and exceptions, whose scope has been a matter of contention. India, which is a Party to UNCLOS, has neither chosen a forum for dispute settlement under UNCLOS nor has it opted to exclude certain category or categories of disputes as permitted by UNCLOS. In that light, this article comments on the character of the compulsory dispute settlement procedures under UNCLOS, analyses the jurisdictional limitations or the scope of the said compulsory procedures and the relevant international judicial pronouncements for application in the Indian context to aid India’s efficiency in dealing with its maritime challenges.