Judging the Law of the Sea

The UN Convention on the Law of the Sea (UNCLOS) has a dispute settlement regime that has been in operation for over 20 years with a steadily increasing number of important cases. This case law has significantly contributed to the development of the law of the sea. Judging the Law of the Sea explores how Judges interpret and apply UNCLOS and how these cases are shaping the law of the sea. The book focuses on the role of UNCLOS Judges and assesses how their decisions have influenced and will continue to influence the law of the sea in the future. It also examines the complex factors inherent in the judicial decision-making process and explores the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Format: Hardback
Length: 464 pages
Publication date: 22 November 2022
Publisher: Oxford University Press

The dispute settlement regime in the United Nations Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years, with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called "constitution of the oceans."

Judging the Law of the Sea focuses on how judges interpret and apply UNCLOS and explores how these cases are shaping the law of the sea. The role of the judge is central to this book's analysis. The authors consider the role of UNCLOS judges by engaging in an intensive study of their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction, such as trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea.

In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day, while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the judges are, what they do, and what their roles might or should be.

To capture the complex decision matrix, the author uses a variety of methods, including case studies, interviews, and statistical analysis. The book is organized into five chapters, each of which focuses on a different aspect of the dispute settlement regime under UNCLOS.

In Chapter 1, the authors provide an overview of the UNCLOS dispute settlement regime and its history. They discuss the key principles and mechanisms of dispute settlement under the Convention, including the mandatory nature of dispute settlement, the role of the International Court of Justice (ICJ), and the use of arbitration.

Chapter 2 explores the role of judges in the dispute settlement regime under UNCLOS. The authors consider the qualifications, appointment, and removal of judges, as well as the independence and impartiality of the judicial process. They also discuss the role of judges in interpreting and applying UNCLOS and the impact of their decisions on the law of the sea.

Chapter 3 examines the caseload of the International Court of Justice (ICJ) and the trends in the types of cases that have been brought before the Court. The authors analyze the decisions of the ICJ and discuss their impact on the law of the sea, including the development of customary international law and the interpretation of UNCLOS provisions.

Chapter 4 explores the use of arbitration in dispute settlement under UNCLOS. The authors discuss the advantages and disadvantages of arbitration, as well as the criteria for selecting arbitrators and the process of arbitration. They also discuss the role of arbitration in resolving disputes between states and non-state actors and the impact of arbitration on the development of the law of the sea.

Chapter 5 concludes the book by discussing the future of dispute settlement under UNCLOS. The authors consider the challenges and opportunities that lie ahead for the regime, including the need for further development of the case law, the role of regional courts, and the impact of climate change on the law of the sea. They also suggest some potential areas for future research and policy development.

In conclusion, Judging the Law of the Sea is a valuable contribution to the study of the law of the sea. It provides a comprehensive analysis of the dispute settlement regime under UNCLOS and its impact on the development of the law of the sea. The book is well-written and accessible to a wide range of readers, including scholars, policymakers, and practitioners. The authors' use of a variety of methods and their engagement with the diverse facets that continue to influence the process make this book a valuable resource for anyone interested in the law of the sea.

Weight: 966g
Dimension: 180 x 252 x 34 (mm)
ISBN-13: 9780198853350