Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/60084
Title: Peaceful settlement of disputes under the new Law of the Sea Convention
Authors: Buontempo, Michelle
Keywords: United Nations Convention on the Law of the Sea (1982 December 10)
Law of the sea
Pacific settlement of international disputes
Arbitration (International law)
Issue Date: 1995
Citation: Buontempo, M. (1995). Peaceful settlement of disputes under the new Law of the Sea Convention (Master's dissertation).
Abstract: The 1982 Law of the Sea Convention has rightly been acclaimed as a major achievement of the United Nations. At the time of its adoption, the President of UNCLOS III stated that the main objective was to produce 'a comprehensive constitution for the oceans which will stand the test of time'. In this thesis I examined one particular aspect of this convention: the system for the settlement of disputes found within this convention. The purpose of the first chapter of this thesis was to analyse the historical perspective of the Law of the Sea Convention and to give a brief legislative history of the development of the system for the settlement of disputes. Chapter 2 examines the various means of settlement of disputes under General International Law with particular reference to those means listed in Article 33(1) of the Charter of the United Nations. Such means range from negotiation, where the settlement of the dispute is left entirely in the hands of the parties, to mediation, inquiry and conciliation where outside assistance in solving the dispute is requested. This same chapter also examines the legal means of settling disputes, namely arbitration and judicial settlement. The methods of settlement considered so far can be used in all types of disputes and are available to all states. The following chapter provides an example of how these general methods can be adapted and combined for the resolution of disputes in a specific subject area. This chapter reviews the arrangements for dispute settlement in the 1982 Law of the Sea Convention. I While various types of disputes can arise within the context of the Law of the Sea Convention, this thesis proceeds to analyse conflicts related to maritime boundaries. This part of the thesis then outlines the development of the various disputes cited and the positions of the parties concerned and examines the rules and principles of international law which the relevant forum decided was applicable to the delimitation of the maritime boundary. We shall see that, in the examination of the applicable law, the International Court of Justice or the Court of Arbitration or any other forum dealing with such particular dispute classifies the rules on maritime delimitation into legal principles, equitable criteria, relevant circumstances and practical methods. This thesis is concluded by describing the developments the Law of the Sea Convention underwent from when it was opened for signature in 1982 until its entry into force on 16 November 1994.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/60084
Appears in Collections:Dissertations - FacLaw - 1958-2009

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