Dispute Settlement in the UN Convention on the Law of the Sea

by Natalie Klein

• ISBN13: 9780521835206
• ISBN10: 0521835208
• Format: Hardcover
• Copyright: 2005-01-31
• Publisher: Cambridge University Press

Summary

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly skeptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyzes the inter-relationship between the substantive and procedural rules.

Table of Contents

Acknowledgements	viii
List of Abbreviations	x
Table of treaties and other international instruments	xii
Table of cases	xxix
Introduction	1	(28)
Introduction	1	(4)
Historical Perspective	5	(19)
Present Perspective	24	(5)
The Dispute Settlement Procedure under UNCLOS	29	(96)
General Obligations Relating to the Pacific Settlement of Disputes	31	(21)
Preliminary Means of Dispute Settlement under UNCLOS	31	(3)
Dispute Settlement Through Procedures Other than UNCLOS	34	(18)
Compulsory Procedures Entailing Binding Decisions	52	(69)
Choice of Procedure	53	(6)
Provisional Measures	59	(26)
Prompt Release of Vessels	85	(34)
Conclusion	119	(2)
Limits on Compulsory Procedures Entailing Binding Decisions	121	(2)
Conclusion	123	(2)
Limitations on Applicability of Compulsory Procedures Entailing Binding Decisions	125	(102)
Freedom of Navigation, Overflight, and the Laying of Submarine Cables and Pipelines	126	(19)
Increasing Attribution of Exclusive Maritime Rights over High Seas Areas	127	(6)
Regulation of the Freedoms of Navigation, Overflight, and the Laying of Submarine Cables and Pipelines in Extended Maritime Zones	133	(5)
Dispute Settlement and the Freedoms of Navigation, Overflight, and the Laying of Submarine Cables and Pipelines on the Continental Shelf and in the EEZ	138	(6)
Conclusion	144	(1)
Protection and Preservation of the Marine Environment	145	(19)
Disputes Related to General Rules and Standards for the Protection and Preservation of the Marine Environment in the EEZ and on the Continental Shelf	148	(4)
Disputes Related to International Rules and Standards Regarding Pollution of the Marine Environment in the EEZ and on the Continental Shelf	152	(10)
Conclusion	162	(2)
Fishing	164	(44)
Increasing Regulation of the Freedom of Fishing	165	(10)
Resolution of Disputes Relating to Fishing	175	(33)
Marine Scientific Research	208	(13)
Regulation of the Freedom to Conduct Marine Scientific Research under UNCLOS	209	(3)
Compulsory Settlement of Disputes Relating to Marine Scientific Research	212	(8)
Conclusion	220	(1)
Conclusion	221	(6)
Optional Exceptions to Applicability of Compulsory Procedures Entailing Binding Decisions	227	(90)
Introduction	227	(1)
Maritime Delimitation and Historic Title Disputes	228	(89)
Maritime Delimitation Prior to UNCLOS	230	(10)
Maritime Delimitation and Historic Title under UNCLOS	240	(13)
Dispute Settlement Procedures for Maritime Delimitation and Historic Title	253	(10)
Other Disputes Relating to Maritime Delimitation and Historic Title	263	(15)
Conclusion	278	(1)
Use of Force, Military Activities, and Law Enforcement	279	(2)
Resolution of Disputes Relating to Armed Conflict at Sea	281	(4)
Military Activities on the High Seas and in the EEZ	285	(7)
Passage through Territorial Seas, Straits, and Archipelagic Waters	292	(15)
Law Enforcement	307	(6)
Conclusion	313	(4)
Deep Seabed Mining	317	(32)
Development of the Deep Seabed Mining Regime	317	(6)
Regime Established under Part XI of UNCLOS and the 1994 Agreement	323	(13)
International Seabed Authority	324	(6)
Transfer of Technology	330	(1)
Competition with Land-Based Producers	331	(2)
Financing	333	(1)
Pioneer Mining Activities	334	(2)
Conclusion	336	(1)
Alternative Deep Seabed Mining Regime	336	(10)
Customary Law Regulation of Deep Seabed Mining	337	(1)
Domestic Legislation	338	(3)
Dispute Settlement under the Alternative Regime	341	(5)
Conclusion	346	(3)
Conclusion	349	(20)
Bibliography	369	(28)
Index	397