Reflections on the Governance Function of Compulsory Dispute Settlement in the Legal Order for the Ocean

Roland Holst, Rozemarijn J.

Abstract

This article takes the fortieth anniversary of the United Nations Convention on the Law of the Sea as an opportunity to reflect on the role that the compulsory dispute settlement system under Part XV of the Convention plays in maintaining the legal order for the ocean. It posits that, in addition to the more traditional understandings of the dispute settlement function and law-ascertainment function of international adjudication, a clear governance function can be discerned. By developing a three-fold typology of ways in which this governance function manifests itself in the use and exercise of compulsory jurisdiction under Part XV, the aim is to shed light on the multifaceted role of compulsory dispute settlement in maintaining the legal order for the ocean in a way that accounts for the changing expectations of States Parties over time.

Citation

Roland Holst, R. J. (2023). Reflections on the Governance Function of Compulsory Dispute Settlement in the Legal Order for the Ocean. The International Journal of Marine and Coastal Law, 38(2), 283-301. https://doi.org/10.1163/15718085-bja10122

• Journal Article Type: Article
• Acceptance Date: Mar 6, 2023
• Online Publication Date: Mar 20, 2023
• Publication Date: Mar 20, 2023
• Deposit Date: Mar 22, 2023
• Publicly Available Date: May 2, 2023
• Journal: The International Journal of Marine and Coastal Law
• Print ISSN: 0927-3522
• Electronic ISSN: 1571-8085
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 38
• Issue: 2
• Pages: 283-301
• DOI: https://doi.org/10.1163/15718085-bja10122
• Public URL: https://durham-repository.worktribe.com/output/1179348