Melland Schill Studies in International Sovereignty Disputes and the United Nations Convention on the Law of the Sea: A Public Order Perspective, (Hardcover)

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.