Expansions and restrictions in the UNCLOS dispute settlement regime: Lessons from recent decisions

Abstract

Recent decisions under the UNCLOS dispute settlement regime, such as Chagos Archipelago, Arctic 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.