Rethinking UNCLOS dispute mechanisms: jurisdiction, sovereignty, and reform pathways through case law insights

Md Syful Islam () and Mahmudul Hasan Asm ()
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Md Syful Islam: Ankara University
Mahmudul Hasan Asm: Karabük University

International Environmental Agreements: Politics, Law and Economics, 2025, vol. 25, issue 4, No 2, 539-574

Abstract: Abstract This study critically examines the impact of dispute resolution mechanisms established by the United Nations Convention on the Law of the Sea on the governance of the ocean, identifying gaps in understanding how these institutions shape state behavior and contribute to evolving legal principles. The research addresses the question: How do mechanisms under the United Nations Convention on the Law of the Sea influence policies and compliance in the realm of international law of the sea? Key institutions, including the International Tribunal for the Law of the Sea, the International Court of Justice, and the International Seabed Authority, as well as arbitration and special tribunals, are analyzed to evaluate their effectiveness in resolving disputes and clarifying jurisdictional issues. Using a qualitative approach, the study analyzes landmark tribunal rulings, case law, and scholarly literature to highlight the achievements and limitations of these mechanisms, particularly concerning jurisdictional constraints, sovereignty issues, and the handling of scientific evidence in environmental cases. The findings emphasize the importance of these mechanisms in resolving maritime disputes, while also highlighting challenges such as jurisdictional complexity and the emergence of new dispute types. The study advocates for essential reforms to enhance the framework’s adaptability, ensuring it remains robust and effective in addressing the dynamic challenges of global ocean governance.

Keywords: UNCLOS reform; ITLOS jurisprudence; Compliance mechanisms; Maritime sovereignty; Dispute settlement innovation (search for similar items in EconPapers)
Date: 2025
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DOI: 10.1007/s10784-025-09690-0

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