The place of non-aggravation in the peaceful settlement of territorial and maritime disputes

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Abstract

The present paper argues that the ‘non-aggravation of disputes’ is a fundamental principle of international law. Evidence of the non-aggravation of disputes as a principle of international law has long existed in the work of qualified publicists and in numerous multilateral treaties with dispute settlement provisions, including the UN Convention on the Law of the Sea. International courts and tribunals have indicated ‘non-aggravation measures’ to preserve the subject matter of the dispute and the rights of either party to the dispute. The principle of non-aggravation is gaining recognition and importance in the broader context of the peaceful settlement of international disputes, particularly territorial and maritime disputes which are often prone to armed escalation and pose risks to peace and security.
Original languageEnglish
Pages (from-to)1-32
Number of pages32
JournalKMI International Journal of Maritime Affairs and Fisheries
Volume15
Issue number1
DOIs
Publication statusPublished - Jun 2023

Bibliographical note

Copyright the Publisher 2023. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

  • boundary disputes
  • peaceful settlement
  • non-aggravation
  • territorial & maritime disputes
  • United Nations Charter
  • UN Convention on the Law of the Sea (UNCLOS)

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