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Dispute-settlement in the Law of the Sea: Disorder or System?

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Chapter Summary

The provisions concerning the settlement of disputes of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) were drafted keeping in mind, that the rules they were to contain and the adjudicating bodies whose jurisdiction they would establish were not isolated. These provisions take into account fully that States parties to the Convention may be bound by rules extraneous to the Convention that provide for mechanisms for the settlement of disputes, and for adjudicating bodies different from those set out in the Convention. The multi-convention system concerning the settlement of disputes is an aspect of the broad character of UNCLOS as the center of a web of rules and institutions. It suffices to recall the references to "applicable" and to "generally accepted" rules and standards and the provisions concerning functions of various international organizations that are frequent in UNCLOS.

Keywords: dispute-settlement; multi-convention system; UNCLOS



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