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Settlement of Disputes

• Peaceful settlement of disputes is compulsory.


• If a bilateral settlement fails, the dispute must be submitted for
compulsory settlement in one of the tribunals clothed with
jurisdiction.
• The alternatives are:
1.) The International Tribunal for the Law of the Sea;
2.) The ICJ; or
3.) An arbitral tribunal constituted under the Convention.
International Tribunal for the Law of the Sea
• An independent judicial body established by the United Nations
Convention on the Law of the Sea
• Adjudicate disputes arising out of the interpretation and application
of the Convention.
• Formed the following Chambers: the Chamber of Summary
Procedure, the Chamber for Fisheries Disputes, the Chamber for
Marine Environment Disputes and the Chamber for Maritime
Delimitation Disputes.
Jurisdiction
• Over certain types of legal disputes between states parties concerning
the interpretation and application of law of the sea convention or
international agreement related to the purpose of the Convention.

• It also includes all matters specifically provided for in any other


agreement which confers jurisdiction on the Tribunal
What type of cases are submitted to the Tribunal?

• Any case arising out of the application or interpretation of the United


Nations Convention on the Law of the Sea may be brought to the
Tribunal.
In the cases submitted to the Tribunal to date the following matters
have figured prominently: prompt release of vessels and crews under
article 292 of the Convention, coastal State jurisdiction in its maritime
zones, freedom of navigation, hot pursuit, marine environment, flags of
convenience and conservation of fish stocks.
The Tribunal's jurisdiction also extends to cases arising out of other
agreements that confer jurisdiction on the Tribunal.