|
The lists of experts shall be drawn up and maintained: (1). in the field of fisheries by the Food and Agriculture Organization of the United Nations, (2). in the field of protection and preservation of the marine environment by the United Nations Environment Programme, (3). in the field of marine scientific research by the Intergovernmental Oceanographic Commission, (4). in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, (5). or in each case by the appropriate 191 subsidiary body concerned to which such organization, programme or commission has delegated this function.
Every State Party shall be entitled to nominate two experts in each field, who may be technical, rather than legal experts. The names of the persons so nominated in each field shall constitute the appropriate list.
3. Constitution of special arbitral tribunal [42]
The special arbitral tribunal shall consist of five members.
Each party shall appoint two members to be chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national.
The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who shall be a national of a third State, unless the parties otherwise agree.
If, the parties are unable to reach agreement on the appointment of the President, the Secretary-General of the United Nations shall make the necessary appointments.
The procedure of special arbitral tribunal is similar to the Arbitral Tribunal.
VIII. Concluding Remarks
The 1982 Convention provides a good model for any future multilateral treaty contemplating compulsory settlement of disputes.
Third-party dispute settlement in international law has increased dramatically in recent years. New international dispute settlement forums are constantly being created to address issues in such fields as crimes, trade, environment, human rights and regional arrangements. This trend was preceded by the development of the dispute settlement system of the 1982 Convention. The 1982 Convention also represents another trend—the jurisdictional expansion of the international judicial bodies. It elaborates a system of compulsory settlement. And, the jurisdiction of Sea-Bed Dispute Chamber of the International Tribunal extended to non-State parties. These two points are explicitly different from the ICJ.
The system has been praised but has also been subjected to some strong criticism. Most notable is the paper delivered at the Hague Academy of International Law in 1993 by Judge Shigeru Oda of the ICJ. [43]
|
