UN Convention on the Law of the Sea
The question
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, whether he has made an assessment of the potential impact of the UK’s declaration on Article 298 of the United Nations Convention on the Law of the Sea (UNCLOS) on the jurisdiction of (a) the International Tribunal for the Law of the Sea and (b) an arbitral tribunal under Annex VII of UNCLOS on UK (i) military and (ii) law enforcement activities.
Answered by Stephen Doughty
By Declaration dated 12 January 1998, the UK chose the International Court of Justice for the settlement of disputes concerning the interpretation or application of UNCLOS. By Declaration dated 7 April 2003 the UK exercised the right to exclude from compulsory dispute settlement procedures in UNCLOS "disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service and disputes concerning law enforcement activities in regard to the exercise of sovereign rights and jurisdiction excluded from the jurisdiction of a court or tribunal under article 297 paragraph 2 or 3". Paragraphs 2 and 3 of Article 297 address disputes related to marine scientific research and fisheries respectively.
While these exclusions remain in place, they do not prevent all possible legal challenges. It is worth noting that in the event that parties to a dispute concerning the interpretation or application of UNCLOS have chosen different procedures for the settlement of disputes, the dispute must be submitted to an arbitral tribunal unless the parties otherwise agree. Such rulings are binding on the parties.
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