Article

The Place of Non-Aggravation in the Peaceful Settlement of Territorial and Maritime Disputes

Yiallourides Constantinos *
Author Information & Copyright
1Assistant Professor of International Law, Macquarie University Sydney, Australia; Research Leader in Law of the Sea, British Institute of International & Comparative Law, London, UK.
*Corresponding Author. E-mail: constantinos.yiallourides@MQ.edu.au.

© Copyright 2023 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Published Online: May 17, 2023

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. 

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