Article 2971 includes a renvoi to sources of law beyond the convention itself. Optional exceptions to applicability of section 2 1. You may opt for additional declarations under unclos to have exceptions to jurisdiction, consistent with article 298 of the treaty. It discusses jurisdiction under the article 287 relating to mode of dispute settlement in cases of mutual consent, as well as under article 297, which deals with contentious jurisdiction of the court. Retention or loss of the nationality of a pirate ship or aircraft 58 article 105. Available formats pdf please select a format to send. Unclos dispute settlement procedures provide that any dispute on the interpretation or application of the provisions of the convention that cannot be resolved by negotiation is subject to the compulsory procedures. Articles concerning the law of the sea with commentaries, 1956. Source document contributed to documentcloud by will colson center for strategic and international studies. Does article 298s reference to articles 74 and 83 exclude compulsory. United nations convention on the law of the sea unclos.
Updating part xii of the law of the sea convention. Expansions and restrictions in the unclos dispute settlement regime. Second, article 2981c allows state parties to avoid uncloss binding dispute resolution procedures for any kind of dispute that the security council is considering. Disputes concerning the interpretation or application of this convention with regard to the exercise by a coastal state of its sovereign rights or jurisdiction provided for in this convention shall be subject to the procedures provided for in section 2 in the following cases. United nations law of the sea convention unclos 1982 article 3. First, article 2811 offers state parties the ability to settle disputes in a nonunclos forum when certain criteria are met. Article 297 excludes from the compulsory ds procedures disputes on certain provisions concerning the sovereign rights or jurisdiction of coastal states in their 200 nm exclusive economic zone eez disputes on the provisions providing that coastal states can refuse to give permission to other states to conduct. The international tribunal for the law of the sea and the oil. Mar 15, 2019 when the views have not been exchanged on the means to settle the disputes, the compulsory procedures should not be resorted to, either. The obligations to exercise selfrestraint and cooperate under unclos.
Comparing article of chinas 1992 law with article 33 of the unclos regarding the regime of the contiguous zone, chinas concern over security in the territorial sea is displayed through its addition of one issue security to the other four issues listed in article 33 of the unclos customs, fiscal, immigration or. Expansions and restrictions in the unclos dispute settlement. Commentary 1 paragraph 1 brings out the fact that the rights. Limitations on applicability of section 2 article 298. This sovereignty is exercised subject to the conditions prescribed in these articles and by other rules of international law. Article 297 excludes from the compulsory ds procedures. Application instituting proceedings before the international tribunal for the law of the sea 49 8. Article 193 sovereign right of states to exploit their natural resources states have the sovereign right to exploit their natural resources pursuant to their environmental policies. Unclos1 and its drafting history in order to determine the way in which the scope. The jurisdiction of itlos is, however, subject to limitations spelled out in article 297 unclos relating to the exercise of certain discretionary powers by the coastal state and optional exceptions according to article 298, for matters such as sea boundary delimitations. The frame work of this great meeting is seemingly that of a classic intergovernmental conference.
Settlement of disputes under unclos law of the sea and. Constitution of the law of the sea 168 state parties. The tribunal has jurisdiction over all disputes concerning the interpretation or application of the convention, subject to the provisions of article 297 and to the declarations made in accordance with article 298 of the convention. The sovereignty of a state extends to a belt of sea adjacent to its coast, described as the territorial sea. These disputes include those concerning the sovereign. Part of the role of courts under unclos is to answer these difficult questions and when they do so. Article 193 sovereign right of states to exploit their natural resources.
Mar 12, 2014 indias position regarding the law of sea is generally governed by art. Disputes concerning the interpretation or application of this convention with regard to the exercise by a coastal state of its sovereign. Third, restricted by article 297 of the unclos, the disputes concerning the right to carry out marine scientific research and fisheries rights in the coastal states eez and continental shelf should be excluded. The itlos website, under jurisdiction includes information on competence, procedure, contentious jurisdiction, advisory jurisdiction and a guide to proceedings of the tribunal as detailed in articles 297 and 298 of the convention. Special agreement instituting proceedings before the international tribunal for the law of the sea 41 4. A case study of the creeping expansion of the jurisdiction of unclos part xv courts and.
Article 297 of the united nations convention on the law of the sea and the scope of mandatory jurisdiction. Jurisdiction of the international tribunal for the law of the sea. Law of the sea tribunal implies a principle of reasonableness in unclos article 73 17. Article 297 of the united nations convention on the law of the sea. The negotiating process unclos iii has been the forum for an unprecedented set of negotiations. Losc dispute resolution provisions background the losc states that the parties entered into the convention prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this convent. United nations convention on the law of the sea contents. Precluding the applicability of section 2 of part xv of the. Article 317 allows states parties to denounce unclos by. Russias objections under the exclusions in article 297 and 298 are. The high seas are open to all states, whether coastal or landlocked. The continental shelf of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical. Through this interpretation of article 297 1c and the acceptance of disputes relating to article 194 being within jurisdiction, the chagos archipelago tribunal has affirmed the importance of unclos dispute settlement in resolving marine environmental law disputes.
United nations convention on the law of the sea wikipedia. Faculty of law, university of oslo unclos marine environment article 192 general obligation states have the obligation to protect and preserve the marine environment. When signing, ratifying or acceding to this convention or at any time thereafter, a state may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more of the following. Convention with regard to the exercise by a coastal state. Declare that chinas maritime claims based on its 9dash line are contrary to unclos and invalid 3. The unclos dispute settlement regime is not comprehensive as a result, because not every law of the sea dispute that concerns the interpretation or application of unclos. The following article does not intend to deal with the subject in general. Declare that scarborough shoal and three other reefs it occupies are rocks within article 12 entitled only to a 12 nm territorial sea. Article 297 provides that certain types of disputes are not included in the compulsory dispute settlement process.
The tribunals seabed disputes chamber is competent to give an. Disputes concerning the interpretation or application of this. The states parties to this convention, prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world. Pdf protection standards for the marine environment. Other arcticrelated issues that are not directly related to this jurisdictional relationship will therefore not be discussed in this thesis.
Settlement of disputes under unclos law of the sea and the. The international tribunal for the law of the sea itlos the tribunal is a. What the international tribunal for the law of the sea has to offer the international tribunal for the law of the sea itlos the tribunal is a specialized international tribunal established in hamburg in 1996 on the basis of the united nations convention for the law of the sea unclos the convention to which to date 155. Article 208 of unclos and national regulation of seabed. As the south china sea judgment looms, some say china should drop out of unclos. Timor sea conciliation under article 298 and annex v of. A court or tribunal provided for in article 287 to which an application is made in respect of a dispute referred to in article 297 shall. When signing, ratifying or acceding to this convention or at any time thereafter, a state may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more. See stefan talmon, the chagos marine protected area arbitration. Interpretation and application of article 298 of the law of the sea convention in recent annex vii arbitrations. Unclos marine environment article 192 general obligation states have the obligation to protect and preserve the marine environment.
Article 2973 then proceeds to list the exceptions to this basic position. United nations convention on the law of the sea part. Article 208 of unclos and national regulation of seabed mining chapter 12 natural resources and the law of the sea international law institute series on international law, arbitration and practice, volume 2. The interplay of the united nations convention on the law of the.
Annex vii, article 1 of unclos and the statement of the claim and. How is the unclos affected in occupied regions such as. United nations convention on the law of the sea unclos montego bay, 10 december 1982 preamble part i. This article shows that the tribunal in the chagos marine protected area arbitration between mauritius and the united kingdom has contributed considerably to the creeping expansion of compulsory jurisdiction of courts and tribunals established under part xv of the united nations convention on the law of the sea unclos. Article 2971 expands the jurisdiction of a tribunal over the enumerated.
The limitations of unclos part xv dispute settlement in. Every state has the right to establish the breadth for its territorial sea up to a limit not exceeding 12 nautical miles, measured from baseline determined. The provisions of this part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a state, or in the archipelagic waters of an archipelagic state. International tribunal for the law of the sea itlos law. The law of the sea convention defines the rights and responsibilities of nations with. At the same time, emphasis is also placed on article 298, which required procedure. Article pdf available in ssrn electronic journal january 2017 with 328 reads. Allen is the judson falknor professor of law and of marine and environmental affairs at the university of washington.
The united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty, is the international agreement that resulted from the third united nations conference on the law of the sea unclos iii, which took place between 1973 and 1982. The article is based on an address delivered at the maxplanckinstitut. Article 297 and declarations made under article 298. This paper will analyze the specific legal regime in part v of unclos to determine whether it has created a certain and predictable regime which has withstood the test of time. When the views have not been exchanged on the means to settle the disputes, the compulsory procedures should not be resorted to, either. The key provision in unclos on the eez is article 55. Lessons from recent decisions, chinese journal of international law, volume 15. Contents and achievements of the 1982 united nations. The international tribunal for the law of the sea and the. Article 2972 and 2973 impose limits on the system of compulsory binding.
Unclos can generate several and sometimes complicated legal effects with regard to the eu, either partially or fully. Declare chinas occupation of four submerged features is unlawful 4. See contentious jurisdiction article 297 of unclos and declarations under article 298 of unclos. Disputes concerning transportation of oil and gas by ships. With regard to article 297, paragraphs 2 and 3 of the convention, the government of ecuador will not accept the submission to the procedures provided for in part xv, section 2, of disputes relating to the exercise of its rights in relation to scientific research, as well as with respect to the regulation of fisheries within the 200 nautical. Article 911 of unclos goes ahead to require that a g enuine link be established between the sta te and the ship apparently trying to control the liberty and freedom enjoyed by stat es in.
Indias position regarding the law of sea is generally governed by art. Article 286 any dispute concerning the interpretation or application of this convention shallbe submitted at the request of any party to the dispute to the court or tribunal having jurisdiction under this section. The application of article 2971c of the convention. It should also be noted that the intricacies of the canadian and rus.
Reflections after 30 years robert beckman and tara davenport1 abstract. Interpretation and application of article 298 of the law. This article does not entail any abridgement of the freedoms enjoyed by all states in the exclusive economic zone in accordance with article 58. With regard to article 297, paragraphs 2 and 3 of the convention, the government of ecuador will not accept the submission to the procedures provided for in part xv, section 2, of disputes relating to the exercise of its rights in relation to scientific research, as well as with respect to the regulation of fisheries within the 200 nautical miles.
The dispute settlement regime of the 1982 united nations. The russian federation is engaged in serious violations of the united nations convention on the law of the sea unclos or the convention by its actions in the black sea, the sea of azov, and the kerch strait. See the contributions by stephen allen, article 297 of the united nations convention on the law of the sea and the scope of mandatory jurisdiction, keyuan zou and ye qiang, interpretation and application of article 298 of the law of the sea convention in recent annex vii arbitrations. Any dispute that involves the interpretation of unclos or its application is under the jurisdiction of the tribunal if youve joined unclos article 297. Declaration under article 287 of the convention accepting the jurisdiction of the tribunal 39 3.