Dispute Settlement in UNCLOS

UNCLOS
D IS P UTE SETTLEME
NTS
INTRO
"All Members shall settle their
international disputes by peaceful
means in such a manner that
international peace and security, and
justice, are not endangered " (UN
CHARTER ART 33)
- ART.279 States Parties shall settle any

dispute between them concerning the
interpretation or application of this
Convention by peaceful means.
-ART 281 where no settlement has been

reached , be submitted at the request of
any party to the dispute to the court or
tribunal having jurisdiction under this
BY
PEACEFUL
MEANS
-EXCHANGE OF -CONCILIATION
VIEWS/NEGOTIATIO
NS "A State Party which is a party
to a dispute concerning the
"When a dispute arises between interpretation or application of
States Parties concerning the this Convention may invite the
interpretation or application of this other party or parties to submit
Convention, the parties to the the dispute to conciliation in
dispute shall proceed expeditiously accordance with the procedure
to an exchange of views regarding under Annex V, section 1, or
its settlement by negotiation or another conciliation procedure"
other peaceful means. " -Art 283
exhaustion of
LOCAL
REMEDIES
"Any dispute between States Parties
concerning the interpretation or
application of this Convention may be
submitted to the procedures provided
for in this section only after local
remedies have been exhausted
where this is required by international
law" -ART 295
CHOICE OF
PROCEDURES
01 International Tribunal for Law of
the Sea - Annex VI of UNCLOS
02 International Court of Justice

(ICJ)
03 Arbitration
International
Tribunal
of Law of the Sea
● Formed on August 1, 1996 and is located in Hamburg, Germany.
● The aim is to resolve disputes relating to the interpretation and
implementation of the Convention.
● Reflected that the sea legal dispute was placed on a separate system
considering the special character possessed by the law of the sea.
● The Tribunal has 21 independent judges, each chosen for a period of
9 years and divided into 5 rooms (Chambers); the Chamber of
Summary Procedure, the Chamber for Fisheries Disputes, the
Chamber for Marine Environmental Disputes, etc.
LAND RECLAMATION
ACTIVITIES CARRIED OUT BY
SINGAPORE IN THE
STRAITS THAT SEPARATE
SINGAPORE AND
MALAYSIA
SAMPLE CASE
cases
Land reclamation activities carried out by Singapore in the straits that

separate Singapore and Malaysia. On September 5, 2003 in the case of land
reclamation by Singapore around the Straits of Johor, Malaysia requested that
the Tribunal decide on temporary measures to prevent Singapore from
continuing land reclamation activities until the case was brought to an
independent arbitration tribunal in accordance with Annex VII of the Law of the
Sea Convention. In examining land reclamation activities carried out by Singapore
in the Tua area, one of the two reclamation sites called Malaysia, the Tribunal
concluded that Malaysia did not show the urgency of the problem or did not
prove the possibility of fatal damage before the Annex VII Tribunal examined the
case. Therefore, the Tribunal does not order temporary measures to be taken at
the reclamation site.
cases
Regarding the location of the second reclamation, Pulau Tekong, the

Tribunal noted the Singaporean commitment not to carry out activities that could
cause fatal damage to Malaysia while awaiting the results of independent studies
by experts financed by the two countries. On the basis of this commitment, the
Tribunal called on the two countries to form a panel consisting of independent
experts who will examine the land reclamation activities by Singapore and
propose actions that should be taken especially concerning the island of Tekong.
While awaiting a decision from the Annex VII Tribunal, the Tribunal requested
Singapore not to carry out activities that could cause fatal harm to Malaysian
rights or to marine environments. With these interim measures, Malaysia will
continue its efforts to obtain a final decision through an independent arbitration
tribunal on the basis of Annex VII
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Dispute Settlement in UNCLOS

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Dispute Settlement in UNCLOS

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UNCLOS

- ART.279 States Parties shall settle any

-ART 281 where no settlement has been

02 International Court of Justice

Land reclamation activities carried out by Singapore in the straits that

Regarding the location of the second reclamation, Pulau Tekong, the

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