Document Type : Article
Authors
1 Ph.D. student of Public International Law, University of Tehran (Alborz Campus). Alborz, Iran
2 Associate Professor, Public Law, School of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
In the international dispute settlement system in the field of international Law of the Sea based on the provisions of the 15 th section of the 1982 Convention on the Law of the Sea ,When resolving disputes about the interpretation or the implementation of the provisions of the Convention ,which is mixed with territorial disputes. Mixed disputes are manifested.This fusion causes a multi-layered dispute that must be dealt with in several ways. Due to the withdrawal of territorial sovereignty from the 1982 Convention on the Law of the Sea, the resolution of territorial sovereignty issues is excluded from the scope of the resolution of the Convention on the Law of the Sea. This issue is raised as to how it can be dealt with through the competent authorities of the Convention in solving mixed disputes where the issues of the rights of the seas are mixed with territorial sovereignty. In the Philippine v. China case before the tribunal established under Annex 7, China emphasized that the dispute was over the sovereignty of a territory not covered by the Convention, but the Philippines believed that the dispute was multi-layered that the consideration of the aspects of it’s disputes was n’t associated with entering into the territorial sovereignty. The hypothesis is the prohibition of considering one aspect of the dispute doesn’t mean the considering tribunal is n’t competent. The purpose of this research is to examine the mixed dispute and the criteria of the court in determining its jurisdiction in the case of the Philippines against China in relation to this type of dispute. The method is descriptive-analysis based on library resources.
Keywords
- mixed dispute
- international law
- 1982 Convention on the law of the sea
- jurisdiction
- Arbitration tribunal.
Main Subjects
English
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