Dispute Settlement in UNCLOS
Dispute Settlement in 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)
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
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