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.
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Superior document: | Publications on ocean development ; Volume 10 |
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VerfasserIn: | |
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) |
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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.