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

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.

Review Quotes:

'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, University of New England in Armidale, NSW

'This book presents a crucial study that confronts the contemporary crisis in international public order. Dr. Grant's thorough analysis of jurisprudence offers valuable insights into the role of the dispute settlement system of UNCLOS in a time of public order crisis.'
Professor Yoshifumi Tanaka, University of Copenhagen

'The determination of jurisdiction in inter-State disputes that involve multifaceted legal and factual disagreements but where the jurisdiction is subject to ratione materiae limitations represent some of the most intriguing and complex dispute settlement questions. The book of Thomas Grant addresses these difficult questions in an analytical but lucid manner, which greatly facilitates the understanding of these various judicial challenges. Further, this work conducted by Thomas Grant is all the more important given the extensive and empirical background that underlies its conclusions. I welcome this book to post-graduate students, researchers and practitioners.'
Prof. Dr. Bjørn Kunoy, University of the Faroe Islands