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The Creation Of The International Tribunal For The Law Of The Sea As A Specialized Court

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Chapter Summary

Acceptance of new concepts and institutions of the law of the sea by the maritime powers was dependent on establishing the appropriate dispute settlement mechanisms. The third party dispute settlement regime established in Part XV is based on the principle of free choice of means, the so called 'Montreux formula'. Independently of the choice of procedures, the International Tribunal for the Law of the Sea has residual compulsory jurisdiction in two special instances: provisional measures and prompt release of vessels. The most important innovation in the Convention's regime for the compulsory settlement of disputes is the creation of the International Tribunal for the Law of the Sea with a broad ratione materiae and ratione personarum jurisdiction.

Keywords: international law; international tribunal; law of the sea



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