#11567. The Road Not Taken: Submission of Disputes Concerning Activities in Undelimited Maritime Areas to UNCLOS Compulsory Procedures

August 2026publication date
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Political Science and International Relations;
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Management, Monitoring, Policy and Law;
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More details about the manuscript: Science Citation Index Expanded or/and Social Sciences Citation Index
Abstract:
This article explores the plausibility of submitting disputes concerning activities in undelimited maritime areas to United Nations Convention on the Law of Sea (UNCLOS) compulsory procedures in order to invoke the state responsibility of the coastal state for breaching its obligations pending maritime delimitation. Key to this question is the establishment of an UNCLOS tribunal’s jurisdiction over the dispute. By examining the claims on the basis of Articles 74(3) and 83(3) of UNCLOS, and of other UNCLOS provisions that are not in themselves excluded from UNCLOS compulsory dispute resolution procedures, this article discusses the respective strengths and weakness of the two avenues toward the UNCLOS dispute settlement mechanism.
Keywords:
Articles 73(3) and 83(3) of UNCLOS; disputes in undelimited maritime areas; due regard; obligation to protect and preserve marine environment; UNCLOS compulsory procedures

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