Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal
This paper examines the dispute settlement mechanism under the United Nations Convention on the Law of the Sea (UNCLOS), 1982 specially highlighting the compulsory procedures entailing binding decisions. The purpose of this study is to evaluate the applicability and effectiveness of the dispute sett...
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Asian and African Research Centre
2021
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my.iium.irep.907892022-07-21T08:03:53Z http://irep.iium.edu.my/90789/ Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal Islam, Md. Asraful Paripurna, Amira Islam, Md. Zahidul K1150 Maritime Law KZ Law of Nations This paper examines the dispute settlement mechanism under the United Nations Convention on the Law of the Sea (UNCLOS), 1982 specially highlighting the compulsory procedures entailing binding decisions. The purpose of this study is to evaluate the applicability and effectiveness of the dispute settlement provisions of the UNCLOS. The study uses a legal and doctrinal research methodology followed by an analytical approach. In identifying and interpreting data, both primary and secondary legal sources are considered. The study finds that the dispute settlement mechanism of the UNCLOS is unique, flexible, user friendly and equally effective, although there are some limitations and exceptions to the compulsory procedures set out by the Convention itself. Hence, it is concluded that the state parties to the Third UN Conference on the law of the Sea did absolutely the right thing incorporating the dispute settlement mechanism in the Convention itself rather than doing the same in an optional protocol, thus making the Convention comprehensive and exhaustive among the global powers. Asian and African Research Centre 2021-07-05 Article PeerReviewed application/pdf en http://irep.iium.edu.my/90789/7/90789_Dispute%20Settlement%20under%20the%20UNCLOS.pdf Islam, Md. Asraful and Paripurna, Amira and Islam, Md. Zahidul (2021) Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal. Journal of Asian and African Social Science and Humanities, 7 (2). pp. 50-59. ISSN 2413-2748 https://www.aarcentre.com/ojs3/index.php/jaash/article/view/232/517 |
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K1150 Maritime Law KZ Law of Nations Islam, Md. Asraful Paripurna, Amira Islam, Md. Zahidul Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal |
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This paper examines the dispute settlement mechanism under the United Nations Convention on the Law of the Sea (UNCLOS), 1982 specially highlighting the compulsory procedures entailing binding decisions. The purpose of this study is to evaluate the applicability and effectiveness of the dispute settlement provisions of the UNCLOS. The study uses a legal and doctrinal research methodology followed by an analytical approach. In identifying and interpreting data, both primary and secondary legal sources are considered. The study finds that the dispute settlement mechanism of the UNCLOS is unique, flexible, user friendly and equally effective, although there are some limitations and exceptions to the compulsory procedures set out by the Convention itself. Hence, it is concluded that the state parties to the Third UN Conference on the law of the Sea did absolutely the right thing incorporating the dispute settlement mechanism in the Convention itself rather than doing the same in an optional protocol, thus making the Convention comprehensive and exhaustive among the global powers. |
format |
Article |
author |
Islam, Md. Asraful Paripurna, Amira Islam, Md. Zahidul |
author_facet |
Islam, Md. Asraful Paripurna, Amira Islam, Md. Zahidul |
author_sort |
Islam, Md. Asraful |
title |
Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal |
title_short |
Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal |
title_full |
Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal |
title_fullStr |
Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal |
title_full_unstemmed |
Dispute settlement under the UNCLOS with special reference to compulsory procedures: an appraisal |
title_sort |
dispute settlement under the unclos with special reference to compulsory procedures: an appraisal |
publisher |
Asian and African Research Centre |
publishDate |
2021 |
url |
http://irep.iium.edu.my/90789/7/90789_Dispute%20Settlement%20under%20the%20UNCLOS.pdf http://irep.iium.edu.my/90789/ https://www.aarcentre.com/ojs3/index.php/jaash/article/view/232/517 |
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