Sovereignty Disputes and the United Nations Convention on the Law of the Sea: A Public Order Perspective

(Hardback)

Publishing Details

Classifications

Physical Properties

Description

Because maritime questions are often admixed with territorial sovereignty questions, parties sometimes seek to settle them together. Jurisdiction under the United Nations Convention on the Law of the Sea-UNCLOS-according to the received view does not encompass disputes concerning territorial sovereignty. In this book, international law scholar and practitioner Thomas D. Grant argues that the received view overstates the exclusion of sovereignty disputes. In Coastal State Rights, UNCLOS Annex VII arbitrators overstated the scope of the term 'sovereignty dispute' as well, an error of definition compounded when they ignored evidence probative as to whether a sovereignty dispute exists. Examining UNCLOS, its drafting history, and decades of decided cases, Sovereignty Disputes and the United Nations Convention on the Law of the Sea relates an important problem of international dispute settlement to the public order of which UNCLOS forms part.

Reviews

'This book is a masterful argument on the current state of the law of the sea in its geopolitical context from a deeply and widely experienced practitioner and scholar. It goes to the heart of the continuing significance of the law of the sea in maintaining global order, addressing what is at stake for global order in current law of the sea jurisprudence.'
Professor Cameron Moore, School of Law, University of New England in Armidale, NSW

Author Bio

Thomas D. Grant is a Fellow of the Lauterpacht Centre for International Law at the University of Cambridge.