国际海商法争端解决制度概述
Settlement of Dispute on the Law of the Sea: An Overview
吕炳斌
【关键词】Settlement of Dispute, Law of the Sea
【全文】
Settlement of Dispute on the Law of the Sea: An Overview
By: LU, Bingbin
I. Introduction
II. Consensual Settlement and Compulsory Settlement
III. Conciliation
IV. The Compulsory Procedures in General
V. International Tribunal for the Law of the Sea & International Court of Justice (omitted in this presentation)
VI. Arbitration
VII. Special Arbitration
VIII. Concluding Remarks
I. Introduction
The law of the sea is no more than a part of international law.[1] Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to review the international dispute settlement system from the law of the sea perspective.
The 1982 United Nations Convention on the Law of the Sea[2] (“1982 Convention” hereinafter) contains detailed provisions regarding the resolution of law of the sea disputes. One of the great successes of the 1982 Convention is the inclusion of a comprehensive procedure for dispute settlement. [3] The dispute settlement provisions of the 1982 Convention are found in the text of the Convention itself, rather than in an optional protocol. Part XV of the 1982 Convention establishes the dispute settlement system with respect to the interpretation and application of its provisions.[4] When a dispute arises, the parties are to “expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means.” The parties may resort if they wish to conciliation procedures under article 284, in which case a conciliation commission will be established, whose report will be non-binding.[5] Where no settlement is reached, recourse may be had to other procedures. [6] Upon signing, ratifying or acceding to the convention, or at any time thereafter, a state may choose one of the following means of dispute settlement: the International Tribunal for the Law of the Sea; the International Court of Justice (ICJ); an arbitral tribunal constituted in accordance with Annex VII of the 1982 Convention; or a special arbitral tribunal constituted in accordance with Annex VIII of the 1982 Convention for one or more of the categories disputes specified therein. [7]
