Chapter 14
Stakeholders in Dispute Settlement Under
the UN Convention on the Law of the Sea
Natalie Klein
Abstract The role of various actors in dispute settlement processes under the UN
Convention on the Law of the Sea (UNCLOS) may be assessed from different
perspectives to assess the relevance or salience of those actors in decision-making
processes. This chapter utilises a stakeholder identification theory, more commonly
utilised in management contexts, to identify and prioritise the interests of different
actors from the perspective of the judge in reaching decisions to advance the goals of
UNCLOS dispute settlement. The theory is tested against the decisions made on the
interpretation of Article 121(3) of UNCLOS in the South China Sea arbitration. The
use of stakeholder identification theory enables us to examine the position of
superpowers, as well as other states and non-state actors, in relation to a particular
legal question and consider how well their interests and claims are met in judicial
decision-making under UNCLOS. The author concludes that the theory is a useful
explanatory tool and could bring greater transparency in decision-making but
acknowledges limitations in its applicability to the UNCLOS context.
1 Introduction
The study of international dispute settlement necessarily spans international law and
international politics as we undertake an assessment of the legal rules in place and
how they operate as well as the responses of different actors to those rules in
resolving international disputes. International law provides the bases for claims as
to what rights an actor holds in any international dispute and what duties are
considered to be owing to that actor. International politics provides us with a further
means to examine how and why the rights and duties are asserted and/or responded
to the way they are. The actors involved in an international dispute will be varied, but
The author thanks Matthew Kingsland for editorial assistance in the preparation of this chapter. Any
remaining errors are of course her own.
N. Klein (*)
University of New South Wales, Faculty of Law, Sydney, NSW, Australia
e-mail: n.klein@unsw.edu.au
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_14
239
Stakeholders in Dispute Settlement Under
the UN Convention on the Law of the Sea
Natalie Klein
Abstract The role of various actors in dispute settlement processes under the UN
Convention on the Law of the Sea (UNCLOS) may be assessed from different
perspectives to assess the relevance or salience of those actors in decision-making
processes. This chapter utilises a stakeholder identification theory, more commonly
utilised in management contexts, to identify and prioritise the interests of different
actors from the perspective of the judge in reaching decisions to advance the goals of
UNCLOS dispute settlement. The theory is tested against the decisions made on the
interpretation of Article 121(3) of UNCLOS in the South China Sea arbitration. The
use of stakeholder identification theory enables us to examine the position of
superpowers, as well as other states and non-state actors, in relation to a particular
legal question and consider how well their interests and claims are met in judicial
decision-making under UNCLOS. The author concludes that the theory is a useful
explanatory tool and could bring greater transparency in decision-making but
acknowledges limitations in its applicability to the UNCLOS context.
1 Introduction
The study of international dispute settlement necessarily spans international law and
international politics as we undertake an assessment of the legal rules in place and
how they operate as well as the responses of different actors to those rules in
resolving international disputes. International law provides the bases for claims as
to what rights an actor holds in any international dispute and what duties are
considered to be owing to that actor. International politics provides us with a further
means to examine how and why the rights and duties are asserted and/or responded
to the way they are. The actors involved in an international dispute will be varied, but
The author thanks Matthew Kingsland for editorial assistance in the preparation of this chapter. Any
remaining errors are of course her own.
N. Klein (*)
University of New South Wales, Faculty of Law, Sydney, NSW, Australia
e-mail: n.klein@unsw.edu.au
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_14
239