Author
Ms Peng Yunru
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
International Law
Title
Challenges and responses to the "principle of state consent" in the law of the sea
Abstract
The advisory jurisdiction of international judicial bodies, rooted in the Permanent Court of International Justice during the League of Nations era, has expanded significantly with institutions such as the International Court of Justice and the International Tribunal for the Law of the Sea. This expansion, while broadening the scope and substantive content of advisory jurisdiction, has revealed growing tensions with the principle of state consent, a cornerstone of international law. In the law of the sea, this tension raises critical questions about how to balance the extension of advisory jurisdiction with the preservation of state consent, an issue central to the rule of law in global governance. This paper examines the evolving role of the International Tribunal for the Law of the Sea (ITLOS) in the context of global ocean governance, focusing on key cases such as the Advisory Opinion of the Sub-Regional Fisheries Commission and the Request for an Advisory Opinion on Climate Change submitted by the Commission of Small Island States. It also addresses the Advisory Opinion concerning the Chagos Archipelago rendered by the International Court of Justice. The analysis explores the implications of advisory jurisdiction for state sovereignty and its broader significance in the development of international law. The analysis underscores that state consent is fundamental to the impartiality and legitimacy of international judicial bodies. Overlooking this principle risks undermining the authority of international law, with potentially far-reaching consequences for the international legal order. By addressing this critical issue, the paper seeks to advance theoretical and practical understanding of international law and provide scholarly support for states navigating disputes over maritime rights and interests. By exploring this dynamic intersection of advisory jurisdiction and state consent, the study contributes to ongoing discussions about strengthening the legal framework governing global ocean governance and international law more broadly.
Biography
I am currently a postgraduate student at the International Law School of East China University of Political Science and Law, where I have developed a strong passion for public international law through rigorous academic training and practical experiences. Leading teams in prestigious moot court competitions, such as the Jessup Moot Court and the China International Law of the Sea Moot Court, I have honed my legal research skills and proven my ability to excel under pressure. My role as a research assistant to my academic supervisor has allowed me to delve deeply into international law topics, particularly environmental responsibilities in the Area, enhancing both my independent research capabilities and my understanding of the vital connection between international law and global challenges. My primary research interest lies in critically examining the evolving role of non-state actors in public international law and their significant influence in shaping general principles of law. I am also particularly captivated by the advisory jurisdiction of international courts, such as the International Tribunal for the Law of the Sea, and its implications for the principle of state consent. Driven and dedicated to advancing my expertise, I am eager to contribute innovative perspectives to the development of international legal norms during my doctoral studies.
