Jurisdictional Tensions: Divergent Judicial Approaches to Conflicts between UNCLOS and National Public Law Policies
Journal: Lex Portus
Year: 2025

This article examines the intricate jurisdictional tensions arising from the interplay between the United Nations Convention on the Law of the Sea (UNCLOS) and national public law policies. Focusing on the interpretative approaches of the European Court of Human Rights (ECHR), the European Court of Justice (ECJ), and the International Court of Justice (ICJ), the study identifies a fundamental conflict between coastal states’ exercise of public enforcement powers and the navigational freedoms and