The Specificities of Seabed Disputes in Light of the Law of the Sea
Law and World · Vol. 12, No. 39, pp. 80-96 · 2026
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)
- Journal
- Law and World
- Publication
- September 30, 2026
- Volume
- 12
- Issue
- 39
- Pages
- 80-96
- Language
- English
- DOI
- 10.36475/12.3.5
- 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}
}
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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