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11 - Unsaid Rules of UNCLOS
from Part IV - China, BRI and Resolution of Maritime Disputes
- By Bingbing Jia
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’

Published online:

03 March 2021

Print publication:

18 February 2021, pp 251-279
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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.