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Defining Disputes and Characterizing Claims: Subject-Matter Jurisdiction in Law of the Sea Convention Litigation.

Authors :
Harrison, James
Source :
Ocean Development & International Law. Jul-Dec2017, Vol. 48 Issue 3/4, p269-283. 15p.
Publication Year :
2017

Abstract

The Law of the Sea Convention (LOSC) is well-known for containing a compulsory dispute settlement system in Part XV, which allows most disputes to be submitted to binding adjudication or arbitration. Yet, the ability to bring a claim under the LOSC is premised upon meeting certain conditions contained in the Convention's compromissory clause. This article examines those requirements relating to jurisdiction ratione materiae or subject-matter jurisdiction under LOSC and how they have been interpreted in the recent jurisprudence of courts and tribunals. [ABSTRACT FROM PUBLISHER]

Details

Language :
English
ISSN :
00908320
Volume :
48
Issue :
3/4
Database :
Academic Search Index
Journal :
Ocean Development & International Law
Publication Type :
Academic Journal
Accession number :
127699740
Full Text :
https://doi.org/10.1080/00908320.2017.1328924