scholarly journals The Paradoxical Success of UNCLOS Part XV: A Half-hearted Reply to Rosemary Rayfuse

2005 ◽  
Vol 36 (4) ◽  
pp. 713 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
The Future ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

In his reply to Rosemary Rayfuse's article, "The Future of Compulsory Dispute Settlement under the Law of the Sea Convention", Andrew Serdy addresses some of the criticisms that have been levelled at the Part XV dispute resolution provisions of the United Nations Convention on the Law of the Sea (UNCLOS). He concludes that despite being little used, the Part XV provisions remain pivotal to UNCLOS and its related treaties, and if anything are becoming more so

United States Interests in the Law of the Sea Convention

1994 ◽  
Vol 88 (1) ◽  
pp. 167-178 ◽  
Author(s):  
Keyword(s):  
United States ◽  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Multilateral Negotiations ◽  
The Third ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

In 1982 the Third United Nations Conference on the Law of the Sea adopted a treaty, the United Nations Convention on the Law of the Sea, that succeeded in resolving the most fundamental questions of the law of the sea in accordance with three basic principles: 1.The rules of the law of the sea must fairly balance the respective interests of all states, notably the competing coastal and maritime interests, in a manner that is generally acceptable.2.Multilateral negotiations on the basis of consensus replace unilateral claims of right as the principal means for determining that balance.3.Compulsory dispute settlement mechanisms should be adopted to interpret, apply, and enforce the balance.

scholarly journals Dispute settlement under the United Nations Convention On the Law of the Sea and Its Role in Oceans Governance

2021 ◽  
Author(s):  
◽  
Anshuman Chakraborty
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Traditional Role ◽  
Actual Role ◽  
The Future ◽  
United Nations Convention ◽  
The Law ◽  
Dispute Settlement Mechanisms

<p>This thesis is about the dispute settlement provisions of the 1982 United Nations Convention on the Law of the Sea (LOSC or Convention), and the potential and actual role that they play in oceans governance. The study focuses not only on the traditional role of dispute settlement mechanisms in peacefully settling disputes, but also on their potential for contribution to good oceans governance in many ways. The jurisprudence generated so far under the dispute settlement provisions of the LOSC can be called neither a complete success nor a total failure. Part XV of the Convention, dealing with dispute settlement procedures, has made a promising start with the inaugural jurisprudence under the prompt release and provisional measures proceedings. However, besides the general beneficial influence of the jurisprudence on oceans governance, a few detrimental developments have also been identified from the perspective of oceans governance. The present thesis demonstrates that a lot of hope had been pinned on the dispute settlement provisions at the time when the LOSC was drafted. However, most of these hopes have not yet found expression, and if the limited use of dispute settlement procedures continues, it is unlikely that Part XV will fulfil those hopes in the future. Nevertheless, this thesis argues along more optimistic lines, and expresses a realistic hope that the actual role of dispute settlement in oceans governance will improve in the future. The thesis concludes that the success or failure of the dispute settlement mechanisms mostly depends upon their actual use made by states. Further, the dispute settlement mechanisms once invoked must be able to settle disputes objectively on the basis of law, equity and justice and uphold the principles and provisions of the LOSC. It is hoped that states will have recourse to Part XV more often for the purpose of settling their disputes peacefully, and that the dispute settlement provisions will in turn fulfil their mandate. Only then will the world witness the dispute settlement mechanisms playing a real and beneficial role in oceans governance, concurrently with other oceans governance institutions and arrangements.</p>

scholarly journals Dispute settlement under the United Nations Convention On the Law of the Sea and Its Role in Oceans Governance

2021 ◽  
Author(s):  
◽  
Anshuman Chakraborty
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Traditional Role ◽  
Actual Role ◽  
The Future ◽  
United Nations Convention ◽  
The Law ◽  
Dispute Settlement Mechanisms

<p>This thesis is about the dispute settlement provisions of the 1982 United Nations Convention on the Law of the Sea (LOSC or Convention), and the potential and actual role that they play in oceans governance. The study focuses not only on the traditional role of dispute settlement mechanisms in peacefully settling disputes, but also on their potential for contribution to good oceans governance in many ways. The jurisprudence generated so far under the dispute settlement provisions of the LOSC can be called neither a complete success nor a total failure. Part XV of the Convention, dealing with dispute settlement procedures, has made a promising start with the inaugural jurisprudence under the prompt release and provisional measures proceedings. However, besides the general beneficial influence of the jurisprudence on oceans governance, a few detrimental developments have also been identified from the perspective of oceans governance. The present thesis demonstrates that a lot of hope had been pinned on the dispute settlement provisions at the time when the LOSC was drafted. However, most of these hopes have not yet found expression, and if the limited use of dispute settlement procedures continues, it is unlikely that Part XV will fulfil those hopes in the future. Nevertheless, this thesis argues along more optimistic lines, and expresses a realistic hope that the actual role of dispute settlement in oceans governance will improve in the future. The thesis concludes that the success or failure of the dispute settlement mechanisms mostly depends upon their actual use made by states. Further, the dispute settlement mechanisms once invoked must be able to settle disputes objectively on the basis of law, equity and justice and uphold the principles and provisions of the LOSC. It is hoped that states will have recourse to Part XV more often for the purpose of settling their disputes peacefully, and that the dispute settlement provisions will in turn fulfil their mandate. Only then will the world witness the dispute settlement mechanisms playing a real and beneficial role in oceans governance, concurrently with other oceans governance institutions and arrangements.</p>

scholarly journals New Horizons in the Law of the Sea

2005 ◽  
Vol 36 (4) ◽  
pp. 675
Author(s):  
David Leary ◽  
Anshuman Chakraborty
Keyword(s):  
United Nations ◽  
Dispute Resolution ◽  
Maritime Security ◽  
Law Of The Sea ◽  
Future Directions ◽  
New Horizons ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law

This article summarises the proceedings of the symposium held at Victoria University of Wellington in September 2004 to mark the tenth anniversary of the United Nations Convention on the Law of the Sea.The authors highlight the key themes of the symposium, basing their discussion on the five topics of maritime security, enforcement and compliance in fisheries law, Pacific regional issues, dispute resolution and the law of the sea, and future directions for the law of the sea.

scholarly journals The Future of Compulsory Dispute Settlement Under The Law of the Sea Convention

2005 ◽  
Vol 36 (4) ◽  
pp. 683 ◽  
Author(s):  
Rosemary Rayfuse
Keyword(s):  
United Nations ◽  
International Law ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Legal Rules ◽  
The Future ◽  
The Law ◽  
Or Applications

In this article Rosemary Rayfuse evaluates the dispute resolution provisions found in Part XV of the United Nations Law of the Sea Convention (UNCLOS). While the cases emerging from the International Tribunal on the Law of the Sea (ITLOS) to date have been limited in number, they can provide us with some idea of whether the Part XV machinery has been successful, and allow some predictions to be made as to its continuing role in the development of the law of the sea. Having examined this jurisprudence, she concludes that while the fears of fragmentation in the sense of inconsistent interpretations or applications of legal rules have not yet materialised, the overall role for the dispute settlement provisions in the development of international law seems rather limited.

scholarly journals When is a Ship a Ship? Use by State Armed Forces of Un-crewed Maritime Vehicles and the United Nations Convention on the Law of the Sea

2020 ◽  
Author(s):  
Simon McKenzie
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Law Of The Sea ◽  
Military Operations ◽  
Sovereign Immunity ◽  
Strategic Value ◽  
The Future ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

[Law and the Future of War Research Paper No 3] Armed forces around the world are rapidly developing un-crewed maritime vehicles (UMVs) for use in military operations. Key to the strategic value of UMVs is that they will have no people on board, and instead be remotely controlled or, in the future, will be able to carry out some or all of their mission autonomously. But will they fit into the existing categories of the law of the sea set out in the in the United Nations Convention on the Law of the Sea (UNCLOS)? This paper considers whether two of the basic classifications of this body of law – being categorised as a ‘ship’ or ‘vessel’ and being a ‘warship’ – require people to be on board the vehicle and thus exclude UMVs. These categories are critical for the distribution of rights and obligations in the UNCLOS. Failing to qualify as a ship would significantly limit the strategic value of UMVs, restricting their navigational rights and possibly preventing states claiming sovereign immunity. Along with the important practical implications of these definitional challenges, they also serve as an example of when an evolutionary interpretation of international treaty law should be preferred. The paper shows that the better interpretation of ship in UNCLOS is capacious enough to include both remotely controlled and autonomous UMVs. However, the more restrictive definitional requirements of warship in UNCLOS will be more difficult for UMVs to meet.

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