Compulsory Dispute Settlement Methods under the UNCLOS: Scope and Limits under the Scrutiny of the Jurisprudence

Geneviève Bastid Burdeau

《中国海洋法学评论》 25期 (2017/06) Pp. 15-33

摘要

Ensuring the effectiveness of compulsory dispute settlement, which was one of the major innovations of the United Nations Convention on the Law of the Sea (hereinafter ＂UNCLOS＂), required to provide preconditions and limitations in order to meet States fears and preventions. A number of compromises had to be found going from the choice of the competent adjudicating body to the limitations of competence concerning sensitive matters. Such concerns result in the rather complicated and sometimes obscure wording of Part XV of the UNCLOS with a first section providing the preconditions to the means entailing binding effects imposed in the second section. The numerous disputes submitted to arbitration or to judicial settlement during the last fifteen years contributed to the clarification and strengthening of the rules of Part XV of the UNCLOS. Thus the dispute settlement system of the UNCLOS contributes more efficiently to the general application of the substantive rules of the so-called ＂Constitution of the Oceans＂.

關鍵字

Dispute settlement ； Compulsory procedure ； UNCLOS