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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade

Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade

Chapter:
(p.388) 20 Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade
Source:
The Law of the Sea
Author(s):

Robin Churchill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0020

The 1982 United Nations Convention on the Law of the Sea (LOSC) contains a wide-ranging and ambitious system of dispute settlement. Article 287 of the LOSC gives its parties the option of making a declaration at any time after signature of the Convention whereby they may choose a preferred means for settling a dispute brought under Section 2. There are four such possible means: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal constituted in accordance with Annex VII of the LOSC, and a special arbitral tribunal constituted in accordance with Annex VIII, this last being limited to dealing with disputes concerning fisheries, protection of the marine environment, marine scientific research, and navigation. This chapter examines how the dispute settlement system has operated during the first decade following the entry into force of the LOSC in November 1994. It also considers the choice of means for the compulsory settlement of contentious cases, jurisdictional issues in such cases, exceptions to compulsory jurisdiction, and the use of provisional measures.

Keywords:   dispute settlement, United Nations Convention, compulsory jurisdiction, incidental jurisdiction, foreign vessels, international adjudication, International Tribunal, Court of Justice, arbitral tribunals

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