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What Have The United Nations Convention And The International Tribunal For The Law Of The Sea To Offer As Regards Maritime Delimitation Disputes?

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Chapter Summary

States Parties to the United Nations Convention (UNCLOS) on the Law of the Sea are involved in a maritime boundary delimitation dispute and bound by the relevant substantive and jurisdictional-procedural provisions of the Convention. The Third United Nations Conference on the Law of the Sea could not agree on a single adjudicating body to exercise compulsory jurisdiction. It adopted the so-called "Montreux formula" set out in Article 287 of the Convention. According to this provision, the parties that so wish may indicate, through a specific declaration, as the preferred adjudicating bodies one or more of the following: the new International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice (ICJ), an arbitration tribunal of general competence (an Annex VII Tribunal), and specialised arbitration tribunals.

Keywords: arbitration tribunal; International Court of Justice (ICJ); International Tribunal; jurisdictional-procedural provisions; maritime boundary delimitation; Montreux formula; United Nations Convention (UNCLOS)



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