Reflections on the Governance Function of Compulsory Dispute Settlement in the Legal Order for the Ocean

Abstract

This article takes the fortieth anniversary of the United Nations Convention on the Law of the Sea as an opportunity to reflect on the role that the compulsory dispute settlement system under Part XV of the Convention plays in maintaining the legal order for the ocean. It posits that, in addition to the more traditional understandings of the dispute settlement function and law-ascertainment function of international adjudication, a clear governance function can be discerned. By developing a three-fold typology of ways in which this governance function manifests itself in the use and exercise of compulsory jurisdiction under Part XV, the aim is to shed light on the multifaceted role of compulsory dispute settlement in maintaining the legal order for the ocean in a way that accounts for the changing expectations of States Parties over time.