The Future of Compulsory Dispute Settlement Under The Law of the Sea Convention (original) (raw)
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ISA's 57th Annual Convention: Exploring Peace , 2016
The International Tribunal for the Law of the Sea is an internationally qualified judicial institution created by the United Nations Convention on the Law of the Sea dated 1982. The Tribunal is founded to solve the disagreements related to maritime law such as transport liberalization, ships and crews immediately release, marine environmental protection of a nuclear plant operation, radioactive materials transport, fishing activities, nationality requirements, the implementation of facilities to use force in international law. In this study, it is aimed to assess the success level of the implications of the International Tribunal for Law of the Sea active as a mechanism to provide peaceful solutions to international disputes for the future. In this context, the cases within the scope of the Tribunal's jurisdiction will be analyzed in terms of international law in general, also law of the sea in private.
Canadian Yearbook of international Law/Annuaire canadien de droit international, 2021
The establishment of a compulsory dispute settlement mechanism in the United Nations Convention on the Law of the Sea (UNCLOS) is intended to be the guarantor of the proper application of the convention. Yet the decisions of courts and tribunals seized pursuant to the procedures under Section 2 of Part XV of UNCLOS are in many regards difficult to reconcile and in some regards unable to form the basis for a jurisprudence constante. This article examines on an empirical basis the scope and limits of the compulsory dispute settlement mechanism under UNCLOS, as applied by international courts and tribunals during a period of twenty years since the first decision in the Southern Bluefin Tuna case until the recent decision on preliminary objections in the Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean.