The International Tribunal for the Law of the Sea Advises on the Risks and Responses to the Expansion of Jurisdiction

Han Deng

doi:10.54254/2753-7048/2026.34547

Han Deng^*

Zhongnan University of Economics and Law

^* Corresponding author: yudv2950@qq.com

Published: 15 June 2026

DOI: https://doi.org/10.54254/2753-7048/2026.34547

Abstract

Relying on Article 138 of theRules of the International Tribunal for the Law of the Seaand an expansive interpretation of the term "matters" in Article 21 of Annex VIStatute, the International Tribunal for the Law of the Sea has autonomously established advisory jurisdiction for the full tribunal. In Case No. 21 and Case No. 31, it has continuously expanded the scope of personal and subject-matter jurisdiction by introducing the "sufficient connection" standard. Such expansion of the Tribunal's advisory jurisdiction has given rise to three rule-of-law risks: an unstable legal foundation, the potential abuse of advisory proceedings as a disguised tool for compulsory dispute settlement, and excessive judicial law-making by the Tribunal through advisory opinions. The causes can be traced to three levels: normative, subjective, and institutional. Article 138 of theRules of the International Tribunal for the Law of the Seaitself lacks restrictive elements; some states intend to pursue their own interests through advisory proceedings; and the Tribunal has both a strong desire to expand its powers and room for judicial activism. To regulate the risks of expansion, coordinated efforts are required across four dimensions: theoretical, procedural, substantive, and China's responses. These include reaffirming the guiding effect of the principle of consent of the parties, prudently examining the preconditions for the exercise of advisory jurisdiction, correcting the expansive interpretation of states' rights and obligations, and striking a balance between opposing the Tribunal's excessive expansion of powers and constructively participating in global ocean governance.

Keywords: International Tribunal for the Law of the Sea , advisory jurisdiction , expansion of jurisdiction , principle of consent of the parties

LNEP Vol.144

ISSN (Print): 2753-7048

ISSN (Online): 2753-7056

ISBN (Print): 978-1-80590-840-1

ISBN (Online): 978-1-80590-841-8

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Article Information

Received: 13 May 2026

Published: 15 June 2026

DOI: https://doi.org/10.54254/2753-7048/2026.34547

Article Type: Research Article

Cite this article

Deng,H. (2026). The International Tribunal for the Law of the Sea Advises on the Risks and Responses to the Expansion of Jurisdiction. Lecture Notes in Education Psychology and Public Media,144,32-40.

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Volume Title: LNEP Vol.144

Part of Series: Lecture Notes in Education Psychology and Public Media

ISSN: 2753-7048 (Print) / 2753-7056 (Online)

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