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The Vicissitudes of Dispute Settlement under the Law of the Sea Convention

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The South China Sea Arbitration raises important questions about the potential operation of the dispute settlement system enshrined in Part XV of the United Nations Convention on the Law of the Sea (LOSC). This article explores the scope and different limitations that we are seeing in the interpretation of the LOSC dispute settlement regime with a particular focus on the South China Sea Arbitration. This examination questions the contours of the LOSC Part XV dispute settlement regime and its utility in resolving disputes relating to the South China Sea.

Affiliations: 1: Macquarie Law School, Macquarie UniversityAustralia

* This article was originally based on a conference paper presented in Brussels in March 2015: N Klein, ‘The limitations of UNCLOS Part XV dispute settlement in resolving South China Sea disputes: The South China Sea—An international law perspective conference’ (9 March 2015) SSRN, available at http://ssrn.com/abstract=2730411. After the decisions on jurisdiction and the merits in the South China Sea Arbitration were released, an updated version of the paper was prepared and presented at the Public International Law Colloquium on Maritime Disputes Settlement, 15–16 July 2016, hosted by the Hong Kong International Arbitration Centre and the Chinese Society of International Law: N Klein, ‘Expansions and restrictions in the UNCLOS dispute settlement regime: Lessons from recent decisions’ (2016) 15(2) Chinese Journal of International Law 403–415. This article is an expanded and updated version of those earlier conference papers. I acknowledge the insights learned from other participants at these conferences and appreciate the comments of the editors in the preparation of this final article.
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/content/journals/10.1163/15718085-12322045
2017-06-14
2017-12-13

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