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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Preliminary Proceedings: United Nations Convention on the Law of the Sea (UNCLOS)

Somesh Dutta

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Subject(s):
Due process — International courts and tribunals, powers — Preliminary proceedings — UNCLOS (UN Convention on the Law of the Sea)

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 ‘Preliminary proceedings’ are incidental proceedings among the various stages in an international adjudication relating to the interpretation or application of the United Nations (‘UN’) Convention on the Law of the Sea, 1982 (‘UNCLOS’) (Treves, 2002, 754; Rao and Gautier, 2006, 270). The inclusion of ‘preliminary proceedings’ in the form of Article 294 is to preclude in limine litis abusive or frivolous claims (Frivolous Claim) regarding disputes referred to in Article 297 UNCLOS (discussed below). Put differently, Article 294 entrusts the competent court or a...
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