The system for settlement of disputes under the United Nations convention on the law of the sea : : a drafting history and a commentary / / A. O. Adede.

• Superior document: Publications on ocean development ; Volume 10
• VerfasserIn: Adede, A. O.,
• Place / Publishing House: Dordrecht, The Netherlands ;, Boston ;, Lancaster : : Martinus Nijhoff Publishers,, [1987]; ©1987
• Year of Publication: 1987
• Language: English
• Series: Publications on ocean development ; Volume 10.
• Physical Description: 1 online resource (301 pages)

Table of Contents

Intro -- Title Page -- Copyright Page -- Acknowledgements -- Table of Contents -- PART I. THE EVOLUTION AND DEVELOPMENT OF THE SYSTEM -- CHAPTER I. Prolegomenon -- CHAPTER II. The 1974 Caracas Session and identification of issues -- A. The United States proposal as an initial basis for consultation -- B. Eleven issues and draft articles by the informal working group -- 1. Obligation to settle disputes under the Convention by peaceful means -- 2. Settlement of disputes by means chosen by the parties -- 3. Clauses relating to other obligations with respect to disputes settlement -- 4. Clauses relating to settlement procedures not entailing a binding decision -- 5. Obligation to resort to a means of settlement resulting in a binding decision -- 6. The relationship between general and functional approaches -- 7. Parties to a dispute -- 8. Local remedies -- 9. Advisory jurisdiction -- 10. Equity jurisdiction -- 11. Exceptions and reservations to disputes settlement provisions -- C. A summary of the fundamental ideas in the 1974 Caracas Document on disputes settlement -- CHAPTER III. The 1975 Geneva Session: the emergence of a framework for the settlement system -- A. The working group's framework in brief -- B. Draft articles which offer wide choices of modes of settlement -- C. Draft articles concerning procedures entailing binding decisions - Compulsory jurisdiction -- 1. Multiplicity of jurisdiction as a permanent feature -- 2. The Montreux formula on the choice of compulsory procedures -- 3. The scope of the compulsory procedures: Four types of jurisdictions under the comprehensive approach -- D. Draft articles on exclusion of certain issues from the compulsory settlement procedures -- 1. The three views on the subject -- 2. Designation of category of disputes to be settled by compulsory procedures and those excluded from such procedures.

E. Draft article on the question of access to the third-party procedures -- F. Draft articles on interim measures, accelerated procedures and applicable law -- G. The working group's Geneva Document in perspective -- CHAPTER IV. The 1976 New York Sessions: President Amerasinghe's informal document and consideration of the subject by the conference as a whole -- A. The President's informal document -- 1. Retention of the Working Group's general framework for the settlement system -- 2. Departure from the Montreux formula and treatment of the Law of the Sea Tribunal as the dominant forum -- 3. Simplification of the scope of jurisdiction of the forums for compulsory procedures -- 4. Closure of the list of issues to be excluded from the compulsory settlement procedures under the Convention -- 5. A liberal approach to the question of access to the third-party procedures under the Convention -- B. The first formal debate on the subject by the Conference as a whole -- 1. Views on the two approaches to the disputes settlement system and choice of procedures -- 2. Views on the question of access to the third-party procedures -- 3. Focus upon the question of exceptions to the compulsory procedures -- 4. Views on the status of the disputes settlement system within the Convention -- C. First Revision of President's draft articles (Part IV Rev. 1) -- 1. The emergence of a new framework for the system: Presentation of procedures in two Sections -- 2. The non-controversial articles: Section -- 3. The link between the non-compulsory and the compulsory procedures -- 4. The tribunals for judicial settlement as the only forums for interpretation and application of the Convention as a whole -- 5. Reinstatement of the Montreux formula and a return to the cautious approach to the question of access to the procedures.

6. Automatic exclusion of certain disputes from the settlement system: Exceptions to such exclusions and optional exceptions by specific declarations -- 7. Flexibility in the choice of forums with jurisdiction in cases of interim measures and prompt release of vessels -- 8. Towards the abandonment of the local remedies rule and more accurate formulations of the applicable law provision -- 9. The question of expert advice and the binding force of decisions -- CHAPTER V. The 1977 Nex York Session: Clarification of the scope of the compulsory procedures and development towards the integration of the system as a whole -- A. Analysis of the draft articles of the President's second revision not discussed at the 1977 session of the Conference -- B. Comments on the draft articles of the President's second revision discussed during the 1977 session of the Conference -- 1. Separation of provisions relating to the scope of the compulsory procedures under Section 2 from those concerning the exclusion of sensitive issues from such procedures -- 2. The emergence of arbitration as the forum with residual jurisdiction under the Montreux formula -- 3. Towards accommodation of the special procedures and abandonment of a Sea-Bed Tribunal as an organ of the Sea-Bed Authority -- 4. Accelerated procedures for release of detained vessels -- 5. Focus on the provisions concerning interim measures of protection -- C. The informal composite negotiating text (ICNT) and complete integration of the disputes settlement system under the comprehensive approach -- 1. The establishment of the Sea-Bed Disputes Chamber of the Law of the Sea Tribunal as part of the integration of the disputes settlement system under Part XV of the ICNT -- 2. Jurisdictional clauses of the Sea-Bed Disputes Chamber under Part XI of the ICNT.

3. Achieving a balance between the protection of coastal States from frivolous and vexatious proceedings and the protection of the interests of the other States within the exclusive economic zone -- 4. Complete accommodation of the special arbitration procedures within the compulsory jurisdictions of the system under the Montreux formula -- 5. Further refinements on the provisions on optional declarations to limit the jurisdiction of the compulsory procedures over sensitive issues -- 6. Improvements on provisions relating to the question of access to the compulsory procedures, prompt release of vessels, and the reinstatement of the local remedies rule -- CHAPTER VI. The 1978 Geneva Session and the retreat from emphasis on judicial settlement procedures of the system -- A. Background to the 'Conditional mini package deal' and the limitation of the scope of judicial forums of part XV -- B. The emergence of compulsory resort to conciliation as the third-party procedures for settling most of the disputes in the economic zone -- 1. Establishment of Negotiating Groups -- 2. The work of Negotiating Group 5: Designation of disputes with respect to which compulsory judicial procedures were envisaged and identification of those to be settled by obligatory resort to conciliation -- (i) Disputes for which compulsory judicial procedures were envisaged under Article 296 of the Chairman of Negotiating Group 5 -- (ii) Disputes with respect to which obligatory resort to conciliation ('compulsory conciliation') were established under Article 296 of the Chairman of Negotiating Group 5 -- C. The question of settlement of sea boundary delimitation disputes -- 1. Development of the approaches to the question: Contribution of Professor Louis B. Sohn -- 2. The emergence of conciliation as the basic procedure for settlement of delimitation disputes.

3. Evaluation of the sea boundary settlement procedure in the context of the main trends -- CHAPTER VII. Focus upon settlement of disputes relating to the exploration and exploitation of sea-bed area - the eighth and ninth sessions (1979-80) -- A. Abandonment of the substantive link between the sea-bed disputes chamber and the sea-bed authority -- B. Expansion of forums for settlement of sea-bed disputes involving states inter se: the case for ad hoc sea-bed disputes chambers -- C. Exclusive jurisdiction of sea-bed disputes chamber re-examined: the question of enumeration of categories of disputes v. designation of parties with access -- D. Decisions of the authority regarding limitation of the jurisdiction of the sea-bed disputes chamber -- E. Advisory jurisdiction of the sea-bed disputes chamber -- F. Further improvements in the general system of settlement of disputes under part XV and the annexes relating thereto -- 1. Changes discussed relating to Part XV -- 2. Changes discussed relating to the annexes -- CHAPTER VIII. Development of the institutional aspects of the system: the annexes -- A. The annex on conciliation -- B. The annex containing the statute of the international tribunal for the law of the sea -- C. The annex on arbitration -- D. The annex on the system of special procedures: special arbitration -- E. Access to the disputes settlement system by entities other than states having the right to participate in the Convention: annex IX -- PART II. THE BASIC STRUCTURE OF THE DISPUTES SETTLEMENT SYSTEM OF THE CONVENTION AND RELATED ANNEXED -- CHAPTER IX. An overview of the disputes settlement system -- A. Emphasis on wider acceptance of the system -- B. The basic structure of the system in breif -- CHAPTER X. Procedures for settlement of disputes in the exclusive economic zone.

A. Disputes to be settled by compulsory resort to conciliation.