The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
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USDThis is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.
- Provides a critical analysis of UNCLOS tribunals' decisions and legal reasoning in key areas of the law of the sea, offering insights into how important provisions of UNCLOS have been clarified and the interpretative method used by relevant tribunals
- Identifies and categorises of the ways by which UNCLOS tribunals develop the law of the sea, providing an overview of the interpretative patterns of UNCLOS tribunals and how judicial interpretation develops the law
- Identifies and categorises the factors that explain the types and the extent of contribution of UNCLOS tribunals to the development of the law of the sea, developing an understanding of the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law
Reviews & endorsements
‘This book makes a rich contribution to the literature by examining cases under ITLOS, Annex VII and examining the role of dispute settlement in the development of UNCLOS … the book serves as a 'gold standard' for lecturers, students and practitioners of the law of the sea due to its lucid explanation of the key concepts under the UNCLOS dispute settlement mechanism.’ Atul Alexander, International and Comparative Law Quarterl
Product details
February 2023Hardback
9781108845632
336 pages
235 × 157 × 24 mm
0.64kg
Available
Table of Contents
- 1. Introduction and theoretical framework
- 2. coastal states' rights and obligations under the law of the sea
- 3. Flag states' rights and obligations under the law of the sea
- 4. maritime entitlement and maritime delimitation
- 5. Protection of the marine environment
- 6. Procedural rules on dispute settlement
- 7. The contribution of UNCLOS tribunals to the development of the law of the sea
- Bibliography .
