Forum Shopping for the Best Adjudicator: Dispute Settlement in the United Nations Convention on the Law of the Sea

Emilia Justyna Powell; Sara McLaughlin Mitchell

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Journal article

Forum Shopping for the Best Adjudicator: Dispute Settlement in the United Nations Convention on the Law of the Sea

Emilia Justyna Powell and Sara McLaughlin Mitchell

Journal of territorial and maritime studies, Vol.9(1), pp.7-33

01/01/2022

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Abstract

Purpose-This study analyzes how countries' domestic legal traditions influence their selection of dispute settlement procedures under Article 287 (ITLOS, ICJ, Annex VII/VIII arbitration) of the 1982 UNCLOS treaty. The theory suggests that common law countries are supportive of UNCLOS generally and amenable to multiple forums of Article 287 dispute settlement. Civil law countries prefer the ICJ as a dispute settlement forum, while Islamic law states prefer arbitration approaches under Article 287. Design, Methodology, Approach-The authors use descriptive statistics and logit models to analyze decisions by all 194 countries to (1) sign (92%) or ratify (84.5%) UNCLOS and (2) make an optional Article 287 declaration (29% of States Parties). Findings-The results show that states' domestic legal traditions have a strong influence on states' preferred dispute resolution forum(s) in the UNCLOS regime. Common law countries are supportive of UNCLOS generally and many of the dispute resolution forums available in Article 287. Civil law countries choose the ICJ most often under Article 287, while Islamic law states prefer Annex VII/VIII arbitration. Practical Implications-Domestic law provides clues about how countries will support international institutions and identifies which states are most amenable to out of court bargaining.

Arbitration

Civil Law

Islam

Maritime Law

Statistics

Agreements

Common law

Conflict management

Courts

Exclusive economic zone

International agreements

International courts

International law

International organizations

Islamic countries

Islamic law

Jurisdiction

Law of the Sea

Settlements & damages

Shopping

States rights

Traditions

Treaties

Treaties ratification

Details

Title: Subtitle: Forum Shopping for the Best Adjudicator: Dispute Settlement in the United Nations Convention on the Law of the Sea
Creators: Emilia Justyna Powell
Sara McLaughlin Mitchell
Resource Type: Journal article
Publication Details: Journal of territorial and maritime studies, Vol.9(1), pp.7-33
Publisher: McFarland & Company, Inc
ISSN: 2288-6834
eISSN: 2288-6834
Language: English
Date published: 01/01/2022
Academic Unit: Law Faculty; Political Science; Public Policy Center (Archive); Center for Social Science Innovation
Record Identifier: 9984297660302771

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