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6 - Procedural Rules on Dispute Settlement

Published online by Cambridge University Press:  02 February 2023

Lan Ngoc Nguyen
Affiliation:
Universiteit Utrecht, The Netherlands
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Summary

The procedural rules on dispute settlement are primarily contained in Part XV UNCLOS. These rules set out the conditions for UNCLOS tribunals to establish and exercise their compulsory jurisdiction hear contentious disputes. In addition to disputes between States, UNCLOS also grants the Seabed Disputes Chamber advisory jurisdiction pursuant to Article 191 UNCLOS. ITLOS as a full tribunal, however, has also found that it may exercise advisory jurisdiction despite the absence of an explicit provision to that effect under UNCLOS and the ITLOS Statute. This Chapter critically examines UNCLOS tribunals’ decisions relating the conditions for the establishment of compulsory jurisdiction in contentious proceedings under Part XV and the establishment of advisory jurisdiction of both the SDC and ITLOS as a full tribunal, in order to determine the extent to which UNCLOS tribunals have clarified the procedural law under the Convention.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Procedural Rules on Dispute Settlement
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980296.008
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  • Procedural Rules on Dispute Settlement
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980296.008
Available formats
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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.

  • Procedural Rules on Dispute Settlement
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980296.008
Available formats
×