Select Bibliography on Settlement of Disputes Concerning the Law of the Sea

2001 ◽  
pp. 91-94
2019 ◽  
Vol 34 (2) ◽  
pp. 167-194 ◽  
Author(s):  
Tullio Treves

Abstract This article examines in detail the obligations of ‘due regard’ found in the 1982 UN Convention on the Law of the Sea (LOSC). It considers the way these are reflected in the International Seabed Authority (ISA) current Prospecting and Exploration Regulations, and then looks at the way that ‘due regard’ obligations have been considered by international courts and tribunals and by scholars. It then considers the specific ‘due regard’ issues raised by cable laying, and the modalities for settlement of disputes that may arise from such activities.


2018 ◽  
Vol 8 (1) ◽  
pp. 1-11 ◽  
Author(s):  
M.C.W. PINTO

AbstractThis paper discusses the Tribunal’s decision to assume jurisdiction over the Philippine claim notwithstanding China’s publicly declared and law-based withholding of consent to the proceedings instituted by the Philippines. The Tribunal relied on its interpretation of China’s general commitment under Section 2 of Part XV (Settlement of Disputes) of the UN Convention on the Law of the Sea,1 which was subjected to a Convention-authorized “exception” under Article 298 (China’s Declaration of 25 August 2006) that had selectively deprived any such proceeding of the essential element of China’s consent. The paper calls for inventive consideration of the methods available for resolving disputes, which might be seen currently as excessively influenced by procedures designed for resolving international trade disputes where only one party is a state.


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