Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-26T20:57:57.375Z Has data issue: false hasContentIssue false

11 - Unsaid Rules of UNCLOS

Essential Elements for its Proper Interpretation?

from Part IV - China, BRI and Resolution of Maritime Disputes

Published online by Cambridge University Press:  03 March 2021

Wenhua Shan
Affiliation:
Xian Jiaotong University, China
Sheng Zhang
Affiliation:
Xian Jiaotong University, China
Jinyuan Su
Affiliation:
Wuhan University School of Law
Get access

Summary

It examines an issue of treaty interpretation arising from a moment’s reflection on the dispute settlement mechanisms established in UNCLOS. Those mechanisms, with primarily the International Tribunal for the Law of the Sea and Arbitral Tribunals established under Annex VII of the Convention making waves in recent times, are designed solely to deal with disputes concerning the interpretation or application of the Convention. Any dispute that may eventually seize those mechanisms for solution will be primarily related to treaty interpretation. Besides, while hugely important, UNCLOS does not provide for all matters in the oceans. The chapter tries to investigate what should be done in interpreting the UNCLOS, if it is silent on matters indispensable for proper interpretation of some of its rules.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Unsaid Rules of UNCLOS
  • Edited by Wenhua Shan, Xian Jiaotong University, China, Sheng Zhang, Xian Jiaotong University, China, Jinyuan Su
  • Book: China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
  • Online publication: 03 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108561976.012
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Unsaid Rules of UNCLOS
  • Edited by Wenhua Shan, Xian Jiaotong University, China, Sheng Zhang, Xian Jiaotong University, China, Jinyuan Su
  • Book: China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
  • Online publication: 03 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108561976.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Unsaid Rules of UNCLOS
  • Edited by Wenhua Shan, Xian Jiaotong University, China, Sheng Zhang, Xian Jiaotong University, China, Jinyuan Su
  • Book: China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
  • Online publication: 03 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108561976.012
Available formats
×