Judging the Law of the Sea
Nov. 2022 · Oxford University Press
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The dispute settlement regime in the UN 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 focusses on how Judges interpret and apply UNCLOS and it 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 the 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 like 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 authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.
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Dr Natalie Klein is a Professor at UNSW Sydney's Faculty of Law & Justice, Australia, and an Australian Research Council Future Fellow. She was previously Dean of Macquarie Law School (2011-2017) and Acting Head of the Department for Policing, Intelligence and Counter-Terrorism at Macquarie University (2013-2014). Prior to joining Macquarie, Professor Klein worked in the international litigation and arbitration practice of Debevoise & Plimpton LLP, served as counsel to the Government of Eritrea (1998-2002) and was a consultant in the Office of Legal Affairs at the United Nations. She is a Fellow of the Australian Academy of Law. Dr Kate Parlett is a barrister practising in public international law at Twenty Essex in London. She acts for states and private entities on disputes in relation to land and maritime boundaries, law of the sea, investment treaties and contracts, international trade law, human rights, State responsibility, treaty obligations, immunities, transboundary environmental harm and sanctions. Kate regularly appears as an advocate before the International Court of Justice and other international tribunals, and also sits as arbitrator. Kate has taught public international law, international investment and commercial arbitration, and international human rights law at the universities of Cambridge, Paris-II (Panthéon-Assas), Queen Mary (University of London), Queen's University (Canada), Queensland and at the Graduate Institute in Geneva.
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