202
B. Qu
dispute settlement mechanism of UNCLOS,
2 this part just introduces the voluntary
and compulsory features of the dispute settlement mechanism.
One distinct character of the UNCLOS dispute settlement system is that State
parties have the right to choose any mechanism of dispute settlement. With the
prerequisite of fulfilling an obligation to settle dispute by peaceful means (article
279), State parties have the right to agree at any time to settle a dispute between them
concerning the interpretation or application of UNCLOS by any peaceful means of
their own choice (article 280). UNCLOS also stipulates the relationship between
peaceful means chosen by State parties and the procedure of Part 15 of UNCLOS
(articles 281 and 282). By Article 284, a State party which is a party to a dispute
concerning the interpretation or application of UNCLOS may invite the other party
or parties to submit the dispute to conciliation in accordance with the procedure
under Annex 7, section 1, or another conciliation procedure. If the invitation is not
accepted or the parties do not agree upon the procedure, the conciliation proceedings
shall be deemed to be terminated.
The other distinct character of the UNCLOS dispute settlement system is compulsory procedures entailing binding decisions. UNCLOS establishes a set of compulsory procedures based on principles stipulated by articles 279 and 280. Applying
compulsory procedures needs to meet some requirements. Firstly, it shall satisfy
requirements in articles 281, 282 and 283. Secondly, Disputes do not fall under articles 297 and 298 of the UNCLOS. For example, in accordance with article 297,
disputes concerning the interpretation or application of the provisions of UNCLOS
with regard to marine scientific research shall be settled in accordance with compulsory procedures entailing binding decisions, except that the coastal State shall not be
obliged to accept the submission to such settlement of any dispute arising out of: the
exercise by the coastal State of a right or discretion in accordance with article 246; or
a decision by the coastal State to order suspension or cessation of a research project in
accordance with article 253.
3 In accordance with article 298, when signing, ratifying
or acceding to UNCLOS or at any time thereafter, a State may, without prejudice to
the obligations arising under section 1 (general provisions), declare in writing that it
does not accept any one or more of the procedures provided for in section 2 (compulsory procedures entailing binding decisions) with respect to disputes concerning the
2 See Gao Jianjun, Dispute Settlement System under the UN Convention on the Law of the Sea,
Revised Edition, Beijing:China University of Political Science and Law Press 2014; Natalie Klein,
Dispute Settlement in the UN Convention on the Law of the Sea, New York: Cambridge University
Press, 2005; J. G. Merrills, International Dispute Settlement, 5thed., New York: Cambridge University Press, 2011, pp. 167–193; Igor V. Karaman, Dispute Resolution in the Law of the Sea, Leiden:
Martinus Nijhoff Publishers, 2012; A. O. Adede, “The basic structure of the disputes settlement
part of the Law of the Sea Convention”, Ocean Development and International Law 11, 1982, Issue
1–2, pp. 125–148; J. I. Charney, “The implications of expanding international dispute settlement
systems: The 1982 Convention on the Law of the Sea”, American Journal of International Law
90, 1996, pp. 69–74; A. E. Boyle, “Dispute settlement and the Law of the Sea Convention: Problems of fragmentation and jurisdiction”, International and Comparative Law Quarterly 46, 1997,
pp. 37–54.
3 Article 246 is on marine scientific research in the exclusive economic zone and on the continental
shelf, and article 253 is on suspension or cessation of marine scientific research activities.
B. Qu
dispute settlement mechanism of UNCLOS,
2 this part just introduces the voluntary
and compulsory features of the dispute settlement mechanism.
One distinct character of the UNCLOS dispute settlement system is that State
parties have the right to choose any mechanism of dispute settlement. With the
prerequisite of fulfilling an obligation to settle dispute by peaceful means (article
279), State parties have the right to agree at any time to settle a dispute between them
concerning the interpretation or application of UNCLOS by any peaceful means of
their own choice (article 280). UNCLOS also stipulates the relationship between
peaceful means chosen by State parties and the procedure of Part 15 of UNCLOS
(articles 281 and 282). By Article 284, a State party which is a party to a dispute
concerning the interpretation or application of UNCLOS may invite the other party
or parties to submit the dispute to conciliation in accordance with the procedure
under Annex 7, section 1, or another conciliation procedure. If the invitation is not
accepted or the parties do not agree upon the procedure, the conciliation proceedings
shall be deemed to be terminated.
The other distinct character of the UNCLOS dispute settlement system is compulsory procedures entailing binding decisions. UNCLOS establishes a set of compulsory procedures based on principles stipulated by articles 279 and 280. Applying
compulsory procedures needs to meet some requirements. Firstly, it shall satisfy
requirements in articles 281, 282 and 283. Secondly, Disputes do not fall under articles 297 and 298 of the UNCLOS. For example, in accordance with article 297,
disputes concerning the interpretation or application of the provisions of UNCLOS
with regard to marine scientific research shall be settled in accordance with compulsory procedures entailing binding decisions, except that the coastal State shall not be
obliged to accept the submission to such settlement of any dispute arising out of: the
exercise by the coastal State of a right or discretion in accordance with article 246; or
a decision by the coastal State to order suspension or cessation of a research project in
accordance with article 253.
3 In accordance with article 298, when signing, ratifying
or acceding to UNCLOS or at any time thereafter, a State may, without prejudice to
the obligations arising under section 1 (general provisions), declare in writing that it
does not accept any one or more of the procedures provided for in section 2 (compulsory procedures entailing binding decisions) with respect to disputes concerning the
2 See Gao Jianjun, Dispute Settlement System under the UN Convention on the Law of the Sea,
Revised Edition, Beijing:China University of Political Science and Law Press 2014; Natalie Klein,
Dispute Settlement in the UN Convention on the Law of the Sea, New York: Cambridge University
Press, 2005; J. G. Merrills, International Dispute Settlement, 5thed., New York: Cambridge University Press, 2011, pp. 167–193; Igor V. Karaman, Dispute Resolution in the Law of the Sea, Leiden:
Martinus Nijhoff Publishers, 2012; A. O. Adede, “The basic structure of the disputes settlement
part of the Law of the Sea Convention”, Ocean Development and International Law 11, 1982, Issue
1–2, pp. 125–148; J. I. Charney, “The implications of expanding international dispute settlement
systems: The 1982 Convention on the Law of the Sea”, American Journal of International Law
90, 1996, pp. 69–74; A. E. Boyle, “Dispute settlement and the Law of the Sea Convention: Problems of fragmentation and jurisdiction”, International and Comparative Law Quarterly 46, 1997,
pp. 37–54.
3 Article 246 is on marine scientific research in the exclusive economic zone and on the continental
shelf, and article 253 is on suspension or cessation of marine scientific research activities.