Book contents
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Abbreviations
- Introduction
- Part I China, BRI and International Dispute Resolution
- Part II China, BRI and International Trade Dispute Resolution
- Part III China, BRI and Investment Dispute Resolution
- Part IV China, BRI and Resolution of Maritime Disputes
- 9 The Belt and Road Initiative and the Potential for Dispute Settlement under the UN Convention on the Law of the Sea
- 10 Peaceful Resolution of Maritime Disputes and the UN Convention on the Law of the Sea
- 11 Unsaid Rules of UNCLOS
- 12 China and International Dispute Settlement
- Index
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
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Abbreviations
- Introduction
- Part I China, BRI and International Dispute Resolution
- Part II China, BRI and International Trade Dispute Resolution
- Part III China, BRI and Investment Dispute Resolution
- Part IV China, BRI and Resolution of Maritime Disputes
- 9 The Belt and Road Initiative and the Potential for Dispute Settlement under the UN Convention on the Law of the Sea
- 10 Peaceful Resolution of Maritime Disputes and the UN Convention on the Law of the Sea
- 11 Unsaid Rules of UNCLOS
- 12 China and International Dispute Settlement
- Index
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
- Information
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ , pp. 251 - 279Publisher: Cambridge University PressPrint publication year: 2021