Reimagining the Procedural Aspects of Part XV of the United Nations Convention on the Law of the Sea

被引:0
|
作者
Mossop, Joanna [1 ]
机构
[1] Victoria Univ Wellington, Law Fac, Wellington, New Zealand
来源
关键词
United Nations Convention on the Law of the Sea; Part xv; dispute; settlement; International Tribunal for the Law of the Sea (ITLoS); advisory; opinions; procedure; ratione materiae; ITLOS ADVISORY OPINION; INTERNATIONAL COURTS; DISPUTE SETTLEMENT; JURISDICTION; ADJUDICATION; REFLECTIONS;
D O I
10.1163/15710085-BJA10129
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article explores the question: 'what would/should Part xv look like if it were to be negotiated today?' Part xv, on dispute settlement, has played an important role in resolving issues including the interpretation of the United Nations Convention on the Law of the Sea (LoSC). Many procedural issues have arisen in these disputes, including those relating to jurisdiction and admissibility. In large part, the system has proven robust, although some tinkering with Part xv processes might be appropriate. Larger scale reforms might include clear instructions on the ability of International Tribunal for the Law of the Sea to consider requests for advisory opinions. Finally, the article considers whether dispute settlement processes in the World Trade Organization or human rights institutions may hold lessons for the LoS C.
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页码:378 / 401
页数:24
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