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UNCLOS Dispute Settlement Coming of Age?
from Part II - Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
Published online by Cambridge University Press: 14 December 2023
In this chapter, Richard Collins assesses the contribution of the United Nations Convention on the Law of the Sea’s dispute settlement procedures to the resolution of maritime disputes. In particular, this chapter explains that recent decisions of the International Tribunal for the Law of the Sea (ITLOS) have grappled with a range of international legal issues that are not directly related to the law of the sea, such as sovereignty, human rights, and sovereign immunities. This chapter observes that this development has led some commentators to criticise ITLOS for jurisdictional overreach. This chapter pushes back against this criticism. It argues that ITLOS’ engagement with international law regimes going beyond the law of the sea is a necessary recognition of the integrated and interconnected nature of the modern international legal system and, ultimately, leads to a strengthening of the rule of law.
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