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4. Settlement of Disputes

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Chapter Summary

This chapter reviews article 283 of the United Nations Convention on the Law of the Sea (UNCLOS). The International Tribunal for the Law of the Sea (ITLOS), when presided over by Judge Thomas Mensah, was the first court or tribunal acting under Part XV of the UNCLOS to have occasion to consider article 283. The core issue of the award was whether the dispute settlement regime provided by the LOS Convention could allow the dispute settlement procedure established by the tripartite (Japan, Australia and New Zealand) Convention for the Conservation of Southern Bluefin Tuna (CCSBT) of 1993. The chapter also talks about the 2006 Barbados/trinidad and Tobago Maritime Delimitation (Jurisdiction and Merits) Award. The ITLOS has a seemingly wide jurisdiction. It has jurisdiction over all disputes concerning the interpretation or application of the 1982 UNCLOS.

Keywords: CCSBT; Judge Thomas Mensah; Jurisdiction; settlement of disputes; Tobago Maritime delimitation; trinidad; UNCLOS



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