Jurisdiction of Courts and Tribunals under the UN Convention on the Law of the Sea over Disputed Land Areas

The United Nations Convention on the Law of the Sea (LOSC) is a pillar serving the objectives set forth in the United Nations Charter. The comprehensive compulsory dispute settlement mechanism under Section 2 of Part XV has established jurisdiction concerning disputes about the interpretation or application of the LOSC. Yet, there are situations in which disputes that relate to the LOSC arise in a broader context, one area of which relates to disputed territorial titles. This article examines the applicable conditions allowing courts and tribunals competent under Article 288(1) of the LOSC to extend jurisdiction to disputes that need not limited to the LOSC but relate also to territorial disputes. While the case law suggests a general reluctancy to exercise jurisdiction in any such situations, there may be prima facie unexplored legal sanctuaries within the LOSC, allowing courts and tribunals to disregard certain jurisdictional objections that arise from the existence of territorial claims of either of the
disputing parties.