The LOSC Renvois as a Source of Untapped Jurisdiction

Abstract

This article aims to contribute to the discussion around the jurisdictional effects of the express renvois in the substantive rules of the United Nations Convention on the Law of the Sea (LOSC). Through the lens of pre-existing scholarship on the function of the renvois, it examines the function of this type of provision in the Convention and attempts to delineate the scope of jurisdiction granted through them. It is posited that this jurisdiction can be both broad and dynamic, but it has remained largely untapped by States and the judiciary. Prompted by this observation, the possible reasons behind this underutilisation are examined and finally, possible ways to use this mechanism to judicially address some of the contemporary challenges that the ocean is facing are outlined.