Dispute Settlement in the UN Convention on the Law of the Sea

Dispute Settlement in the UN Convention on the Law of the Sea
Author: Natalie Klein
Publisher: Cambridge University Press
Total Pages: 457
Release: 2005-01-06
Genre: Law
ISBN: 1139442538

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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Dispute Resolution in the Law of the Sea

Dispute Resolution in the Law of the Sea
Author: Igor V. Karaman
Publisher: Martinus Nijhoff Publishers
Total Pages: 438
Release: 2012-02-17
Genre: Law
ISBN: 9004212019

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The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.

The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea
Author: Kriangsak Kittichaisaree
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2021-01-21
Genre: Law
ISBN: 0198865295

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Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.

Dispute Settlement on the Law of the Sea

Dispute Settlement on the Law of the Sea
Author: Bingbin Lu
Publisher:
Total Pages: 0
Release: 2004
Genre:
ISBN:

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The law of the sea is no more than a part of international law. Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to review the international dispute settlement system from the law of the sea perspective.The 1982 United Nations Convention on the Law of the Sea (1982 Convention, hereinafter) contains detailed provisions regarding the resolution of law of the sea disputes. One of the great successes of the 1982 Convention is the inclusion of a comprehensive procedure for dispute settlement. The dispute settlement provisions of the 1982 Convention are found in the text of the Convention itself, rather than in an optional protocol. Part XV of the 1982 Convention establishes the dispute settlement system with respect to the interpretation and application of its provisions. When a dispute arises, the parties are to expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means. The parties may resort, if they wish, to conciliation procedures under article 284, in which case a conciliation commission will be established, whose report will be non-binding. Where no settlement is reached, recourse may be had to other procedures. Upon signing, ratifying or acceding to the convention, or at any time thereafter, a state may choose one of the following means of dispute settlement: the International Tribunal for the Law of the Sea; the International Court of Justice (ICJ); an arbitral tribunal constituted in accordance with Annex VII of the 1982 Convention; or a special arbitral tribunal constituted in accordance with Annex VIII of the 1982 Convention for one or more of the categories disputes specified therein. By providing a variety of options, the 1982 Convention encourages the peaceful settlement of disputes under law. We should celebrate the increased number of forums for third-party dispute settlement found in the 1982 Convention and other international agreements, because it means that international third-party settlement procedures, especially adjudication and arbitration, are becoming more acceptable. This development will promote the evolution of public international law and its broader acceptance by the public as a true system of law. The new forums created by the 1982 Convention may benefit both general international law and the law of the sea, and also promote the peaceful settlement of international dispute.

United Nations Convention on the Law of the Sea, 1982

United Nations Convention on the Law of the Sea, 1982
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
Total Pages: 546
Release: 1985
Genre: Law
ISBN: 9789024737192

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These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

Settlement of Disputes Under the United Nations Convention on the Law of the Sea 1982, with Detailed Study of the Process of Arbitration

Settlement of Disputes Under the United Nations Convention on the Law of the Sea 1982, with Detailed Study of the Process of Arbitration
Author: Radwa S. Elsaman
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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The law of the sea's importance is reflected in the wealth of treaty law, customary international law, and judicial decisions in this area. The most important convention in this regard is the United Nations Convention on the Law of the Sea 1982 (UNCLOS 82). In response to the increase in law of the sea disputes and the greater need for an independent system to govern those disputes, a dedicated Chapter with complementing annexes was introduced in the UNCLOS 82 with special features setting up the compulsory procedures for settlement of disputes. The UNCLOS 82 stands as the most recent treaty incorporating compulsory procedures, not just optional rules to be applied subject to the will of the parties. This paper defines the different kinds of maritime disputes distinguishing them from conflicts. It then illustrates the rules governing the settlement of disputes under public international law, emphasizing that these mechanism are the most important development in the settlement of international disputes since the adoption of the United Nations Charter and the Statue of the International Court of Justice. It also presents in detail the disputes settlement mechanisms of the UNCLOS 82, with particular attention to the UNCLOS 82 arbitration system as a method of disputes resolutions.

Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea

Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea
Author: Natalie Klein
Publisher: BRILL
Total Pages: 175
Release: 2023-11-20
Genre: Law
ISBN: 9004689907

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What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.