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The Specificities of Seabed Disputes in Light of the Law of the Sea

By Mohammed Hamli

Law and World · Vol. 12, No. 39, pp. 80-96 · 2026

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Abstract

Certainly, the proclamation by the United Nations Convention on the Law of the Sea (UNCLOS) of a new maritime area, which is the Seabed Area, applying the principle of the common heritage of mankind to its resources, and the establishment of an International Tribunal for the Law of the Sea (ITLOS) have had an important impact on the international law of the sea. In fact, the establishment of ITLOS, which includes a permanent chamber with competence to settle seabed disputes, was driven by this development and the specificity of these disputes compared with other disputes under the law of the Sea. This specificity emerges through granting persons of domestic law the right of litigation before the ITLOS, and specifically before the Seabed Disputes Chamber (SDC), but also through the Compulsory procedures, as the jurisdiction is not linked to the consent of the parties to the dispute. So, this study will attempt to shed light on the controls that allow subjects of domestic law to sue before the ITLOS, in particular those relating to obtaining a sponsorship from one of the State parties to carry out activities in the Seabed Area, as well as it will focus on cases where procedures of the SDC are Compulsory.

Details

Publication type
Journal article
Author
  • Mohammed Hamli - Full Professor at the Institute of Law and Political Sciences University Centre of Maghnia (Algeria) Researcher at the Human Rights and Fundamental Freedoms Laboratory Tlemcen University (Algeria)
Publication
September 30, 2026
Volume
12
Issue
39
Pages
80-96
Language
English
ISSN
2346-7916
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Keywords

Cite this record

Hamli, M. (2026). The Specificities of Seabed Disputes in Light of the Law of the Sea. Law and World, 12(39), 80-96. https://doi.org/10.36475/12.3.5
Hamli, Mohammed. "The Specificities of Seabed Disputes in Light of the Law of the Sea." Law and World 12, no. 39 (2026): 80-96. https://doi.org/10.36475/12.3.5.
@article{hamli2026_aajpzh,
  title     = {The Specificities of Seabed Disputes in Light of the Law of the Sea},
  author    = {Hamli, Mohammed},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {39},
  pages     = {80--96},
  doi       = {10.36475/12.3.5},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/1040},
  note      = {Open access}
}
Download BibTeX
TY  - JOUR
AU  - Hamli, Mohammed
TI  - The Specificities of Seabed Disputes in Light of the Law of the Sea
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 39
SN  - 2346-7916
DO  - 10.36475/12.3.5
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/1040
AB  - Certainly, the proclamation by the United Nations Convention on the Law of the Sea (UNCLOS) of a new maritime area, which is the Seabed Area, applying the principle of the common heritage of mankind to its resources, and the establishment of an International Tribunal for the Law of the Sea (ITLOS) have had an important impact on the international law of the sea. In fact, the establishment of ITLOS, which includes a permanent chamber with competence to settle seabed disputes, was driven by this development and the specificity of these disputes compared with other disputes under the law of the Sea. This specificity emerges through granting persons of domestic law the right of litigation before the ITLOS, and specifically before the Seabed Disputes Chamber (SDC), but also through the Compulsory procedures, as the jurisdiction is not linked to the consent of the parties to the dispute. So, this study will attempt to shed light on the controls that allow subjects of domestic law to sue before the ITLOS, in particular those relating to obtaining a sponsorship from one of the State parties to carry out activities in the Seabed Area, as well as it will focus on cases where procedures of the SDC are Compulsory.
KW  - Seabed
KW  - disputes
KW  - sponsorship
KW  - compulsory
KW  - procedures
KW  - ზღვის ფსკერი
KW  - დავები
KW  - სპონსორობა
KW  - სავალდებულო
KW  - პროცედურები
SP  - 80
EP  - 96
ER  - 
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