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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Main Authors: Islam, Md. Asraful, Paripurna, Amira, Islam, Md. Zahidul
Format: Article
Language:English
Published: Asian and African Research Centre 2021
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Online Access: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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Institution: Universiti Islam Antarabangsa Malaysia
Language: English
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spelling 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
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K1150 Maritime Law
KZ Law of Nations
spellingShingle 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
description 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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