Analysis of Advantages and Disadvantages of Forums Prescribed under the UNCLOS and State Practice: Ways Ahead for India

Abstract

The paper aims to provide advantages and disadvantages of various forums stipulated under the United Nations Convention on Law of the Sea (UNCLOS)1 to settle disputes related to sea. Pursuant to unsuccessful long diplomatic negotiations among the South Asian States, this paper not only helps contexualize the debates the usefulness of dispute settlement forums under the UNCLOS, it also underline the importance of Section 3 of Part XV of the UNCLOS which allows the states to exclude few crucial subject matters viz., maritime delimitation, etc from the jurisdiction of forums stipulated under the UNCLOS. Hence, the study examines the usefulness of Declarations made by the States under the UNCLOS. The study further investigates the state practice on exclusion of subject "maritime delimitation" from compulsory settlement system of UNCLOS.