Dispute Resolution in the Law of the Sea
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.
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A General Overview
Chapter One Prompt Release of Vessels andor Their Crews
Chapter Two Provisional Measures
Dispute Settlement and Maritime Boundary Delimitation
Chapter Four The Convention and Its Dispute Settlement in the Context of General International Law
Annex I The Law of the Sea Disputes and Situations Potentially Leading to Disputes and Various Means of Their Resolution After 16 November 1994
Annex II Maritime Delimitation Agreements and Provisional Arrangements Negotiated after 16 November 1994
Sources and Bibliography
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agreement Annex VII applicant’s application arbitral tribunal Article 287 Article 292 LOSC Barbados Barbados/Trinidad and Tobago bond Cameroon/Nigeria Camouco CCSBT claimed concerning Continental Shelf court or tribunal courts and tribunals crew members decision detention dispute settlement system Draft Articles Fisheries fishing flag flyingfish Guyana/Suriname Ibid ICJ Rep international courts international law International Tribunal interpretation Ireland Iron Rhine issue ITLOS Rules Jan Mayen Judgment Juno Trader jurisprudence LOSC tribunals marine environment maritime boundary maritime delimitation disputes Monte Confurco MOX arbitration MOX provisional measures nautical miles negotiations obligation Opinion of Judge outer shelf paragraph parties precautionary principle prescribe provisional measures prescription of provisional Provisional Measures Order provisions Reclamation relevant request respondent respondent’s Saiga merits Saiga prompt release SBT arbitration SBT provisional measures Separate Opinion Southern Bluefin Tuna submitted supra territorial sea tion treaty Tribunal’s Trinidad and Tobago UNCLOS United Kingdom United Nations Volga XV LOSC