Dispute Resolution in the Law of the Sea

Front Cover
Martinus Nijhoff Publishers, Feb 17, 2012 - Law - 400 pages
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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Contents

A General Overview
1
Chapter One Prompt Release of Vessels andor Their Crews
21
Chapter Two Provisional Measures
95
Dispute Settlement and Maritime Boundary Delimitation
169
Chapter Four The Convention and Its Dispute Settlement in the Context of General International Law
245
General Conclusions
319
Annex I The Law of the Sea Disputes and Situations Potentially Leading to Disputes and Various Means of Their Resolution After 16 November 1994
331
Annex II Maritime Delimitation Agreements and Provisional Arrangements Negotiated after 16 November 1994
341
Sources and Bibliography
355
Index
389
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About the author (2012)

Igor V. Karaman, Doctor Juris (2011, University of Athens) and LLM (2004, International Maritime Law Institute), is currently legal secretary at the European Court of Human Rights. He has publications on various topics related to the law of the sea, including the monograph on the activities of the International Tribunal for the Law of the Sea (2007, in Russian).