The LOSC Renvois as a Source of Untapped Jurisdiction

Danai-Fani Georgoula*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

This article aims to contribute to the discussion around the jurisdictional effects of the express renvois in the substantive rules of the United Nations Convention on the Law of the Sea (LOSC). Through the lens of pre-existing scholarship on the function of the renvois, it examines the function of this type of provision in the Convention and attempts to delineate the scope of jurisdiction granted through them. It is posited that this jurisdiction can be both broad and dynamic, but it has remained largely untapped by States and the judiciary. Prompted by this observation, the possible reasons behind this underutilisation are examined and finally, possible ways to use this mechanism to judicially address some of the contemporary challenges that the ocean is facing are outlined.
Original languageEnglish
Pages (from-to)228-248
Number of pages21
JournalThe International Journal of Marine and Coastal Law
Volume38
Issue number2
DOIs
Publication statusPublished - 11 May 2023

Keywords

  • renvois
  • jurisdiction ratione materiae
  • United Nations Convention on the Law of the Sea (LOSC) external issues
  • modern challenges

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