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  • Print publication year: 2021
  • Online publication date: March 2021

11 - Unsaid Rules of UNCLOS

from Part IV - China, BRI and Resolution of Maritime Disputes

Summary

It examines an issue of treaty interpretation arising from a moment’s reflection on the dispute settlement mechanisms established in UNCLOS. Those mechanisms, with primarily the International Tribunal for the Law of the Sea and Arbitral Tribunals established under Annex VII of the Convention making waves in recent times, are designed solely to deal with disputes concerning the interpretation or application of the Convention. Any dispute that may eventually seize those mechanisms for solution will be primarily related to treaty interpretation. Besides, while hugely important, UNCLOS does not provide for all matters in the oceans. The chapter tries to investigate what should be done in interpreting the UNCLOS, if it is silent on matters indispensable for proper interpretation of some of its rules.

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