A Study On Jurisdiction Over Mixed Disputes

Many disputes concerning the interpretation or application of the UNCLOS(hereinafter referred to as "UNCLOS disputes")involve concurrent conflicts in two aspects,namely land and sea,which gives rise to mixed disputes.Due to the connection with land territory sovereignty issues,mixed disputes tend to be of sensitively political and national characteristics.However,for one thing,specific provisions on the jurisdiction over such disputes can be hardly found in the UNCLOS;for another,in a bid to satisfy the requirements for jurisdiction,a claimant state may submit UNCLOS disputes only for arbitration or adjudication or re-characterise land territory sovereignty issues-into UNCLOS disputes before filing a suit,posing challenges for the court or tribunal under Article 287 of the UNCLOS(hereinafter referred to as "UNCLOS court or tribunal")to entertain this kind of disputes.This is the significance for conducting further research on the jurisdiction over mixed disputes.This thesis,in principle,is intended to conduct systematic analysis of and study on legal mechanisms and operational aspects of the jurisdiction over mixed disputes by the dimensions of treaty law and case law.Through the analysis and interpretation of relevant provisions in the UNCLOS,it is considered that mixed disputes do not fall within the scope of UNCLOS disputes and consequently the UNCLOS court or tribunal shall have no jurisdiction over mixed disputes.Through the study on international cases,it is found that the UNCLOS court or tribunal are likely to expand their jurisdiction in the consideration of mixed disputes.This practice is implemented in two major approaches.The first approach is that the UNCLOS court or tribunal will,by means of evaluating where the relative weight of the mixed dispute lies,address their jurisdiction thereover.The second approach is that the UNCLOS court or tribunal will separate UNCLOS disputes from land territory sovereignty issues with a view to establish jurisdiction over UNCLOS disputes.The UNCLOS court or tribunal shall pierce the veil of disguised cause of action and thereby realize accurate and objective identification of mixed disputes.On that basis,the UNCLOS court or tribunal shall comply with limitations generated by the jurisdiction ratione materiae under UNCLOS,principle of the domination of the land over the sea and principle of state consent,and refrain from exercising the jurisdiction over mixed disputes.