Klein, Expansions and Restrictions in the UNCLOS Dispute Settlement Regime: Lessons from Recent Decisions, https://www.bigghgg.cn/p/klein.html

Expansions and Restrictions in the UNCLOS Dispute Settlement Regime: Lessons from Recent Decisions

Natalie Klein 

Author Notes

Chinese Journal of International Law, Volume 15, Issue 2, June 2016, Pages 403–415, https://doi.org/10.1093/chinesejil/jmw028



Recent decisions under the UNCLOS dispute settlement regime, such as Chagos ArchipelagoArctic Sunrise and South China Sea, have had cause to consider the parameters of jurisdiction that exists under Part XV of UNCLOS. A determination of jurisdiction for any court or tribunal constituted under UNCLOS must have regard to alternative means of dispute settlement available, whether the dispute is one relating to the interpretation or application of UNCLOS and whether any exceptions to jurisdiction apply. This paper will consider these three dimensions in light of recent decisions and reflect on ways that the scope of jurisdiction is being expanded or restricted to resolve the disputes at issue.



Full text: https://doi.org/10.1093/chinesejil/jmw028

Chinese Society of International Law, in association with Chinese Institute of International Law at China Foreign Affairs University, and National Center for Foreign-related Rule of Law Research at China Foreign Affairs University
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