The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies

A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.

Lan Ngoc Nguyen (Author)

9781108845632, Cambridge University Press

Hardback, published 9 February 2023

354 pages
23.5 x 15.7 x 2.4 cm, 0.64 kg

'A comprehensive and insightful analysis of how the dispute settlement mechanisms established under the United Nations Convention on the Law of the Sea (UNCLOS) have shaped and influenced the development of the law of the sea … This book is an invaluable resource for scholars, practitioners, and students of international law, particularly those with an interest in the evolution of maritime legal frameworks and their practical applications.' Nong Hong, Ocean Yearbook

This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.

1. Introduction and theoretical framework
2. coastal states' rights and obligations under the law of the sea
3. Flag states' rights and obligations under the law of the sea
4. maritime entitlement and maritime delimitation
5. Protection of the marine environment
6. Procedural rules on dispute settlement
7. The contribution of UNCLOS tribunals to the development of the law of the sea
Bibliography.

Subject Areas: International organisations & institutions [LBBU], Law of the sea [LBBK]