By Natalie Klein

Description

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world’s largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly skeptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyzes the inter-relationship between the substantive and procedural rules.

• Offers a detailed analysis of not only the dispute settlement procedure but also the interrelationship with substantive principles • An up-to-date analysis, taking into account the case-law generated since the Convention entered into force, and other important developments in the area • Written by a practitioner in international litigation and arbitration, with an in-depth and up-to-date knowledge of the case law in the area

Contents

Acknowledgements; List of abbreviations; Table of treaties and other international instruments; Table of cases; 1. Introduction; 2. The dispute settlement procedure under UNCLOS; 3. Limitations on applicability of compulsory procedures entailing binding decisions; 4. Optional exceptions to applicability of compulsory procedures entailing binding decisions; 5. Deep seabed mining; 6. Conclusion; Bibliography; Index.

Reviews

\\\'This … will certainly provide much food for thought to those interested in the law of the sea or the role of the rule of law in contemporary international relations.\\\' American Journal of International Law

\\\'Her thoughtful and thorough study adopts an essentially historical approach, tracing the development of the provisions of Part XV back to their roots in the UN Conference of the Law of the Sea and beyond … Part XV is far from being the only mechanism that keeps UNCLOS in good shape … Nonetheless, it is fulfilling its more modest role effectively; and this study by Dr Klein is an excellent, balanced analysis of what it can and cannot be expected to do.\\\' The Law and Practice of International Courts and Tribunals

\\\'Klein\\\'s work will be \\\'the text\\\' on the UNCLOS dispute settlement regime and, as such, of interest to those seeking to unravel the complexities and subtleties of the Convention wording.\\\' Ocean Development & International Law

\\\'… this book makes a substantial contribution to the relevant literature. … The work proceeds in a logical fashion with careful attention to the history of the regime. This provides the reader with the necessary background to understand the author\\\'s thesis. … a worthwhile contribution to the libraries of those interested in the law of the sea and international dispute settlement alike.\\\' Journal of International Wildlife Law and Policy

‘This book is of significant value to practitioners and scholars dealing with dispute settlement in the law of the sea … Natalie Klein’s book is a solid foundation against which later cases can be compared.’ HeinOnline

\\\'… a very helpful contribution to the literature on the Law of the Sea convention …\\\' Common Law World Review

Published Year: 2005 Format: Hard Back ISBN: 9780521835206 Publisher: Cambridge University Press No of Pages: 458 Our Price: US $ 137.00 Reviews: 0 reivew(s).

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