What is Article 298 of UNCLOS?
Article 298 of UNCLOS was designed as a safety valve to allow exclusion of sensitive disputes arising out of contested maritime boundaries—but also to provide a safety net for peaceful resolution of all UNCLOS disputes.
What is Annex VII UNCLOS?
What is Annex VII arbitration? Part XV of UNCLOS deals with the settlement of disputes concerning the interpretation or application of the Convention. States that do not make a written declaration setting out their choice of procedure are deemed to have accepted Annex VII arbitration.
What are the articles of UNCLOS?
United Nations Convention on the Law of the Sea of 10 December 1982
- Article 3. Breadth of the territorial sea.
- Article 4. Outer limit of the territorial sea.
- Article 5. Normal baseline.
- Article 6. Reefs.
- Article 7. Straight baselines.
- Article 8. Internal waters.
- Article 9. Mouths of rivers.
- Article 10. Bays.
Where states are in dispute about their interpretation of UNCLOS they will submit their disagreements to?
ITLOS and dispute settlement The Tribunal has jurisdiction over all disputes concerning the interpretation or application of the Convention, subject to the provisions of article 297 and to the declarations made in accordance with article 298 of the Convention.
Is unclos legally binding?
In 2016, the international tribunal at The Hague ruled there was no legal basis for such a claim. China rejected the decision, and other countries have continued to complain about Chinese vessels in their waters. But the 2016 verdict is legally binding and China should honour it and must be pressured to honour it.
Which article of the 1982 Convention on the Law of the Sea deals with the breadth of territorial sea?
Article 33
Article 33 punish infringement of the above laws and regulations committed within its territory or territorial sea. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Is PCA under UNCLOS?
As of August 2016, the PCA has administered 12 cases initiated by States under Annex VII to the UNCLOS, thus administering all cases initiated under this Annex except for one.
Is the UNCLOS binding?
The United Nations General Assembly decided, in 2015, to develop an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (UNGA resolution 69/292).
What is the title of Article 6 in unclos?
The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.
Is China a party to the UNCLOS?
“The United Nations Convention on the Law of the Sea formalizes countries’ rights and responsibilities on the world’s oceans. UNCLOS was signed by over 150 countries, including China. Even though China is a signatory to UNCLOS, it skips the issue of being a signatory by using the nine-dash line.
Is UNCLOS under UN?
The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982 in Montego Bay, Jamaica and entered into force on 16 November 1994. The Philippines is the 11th country that ratified UNCLOS.
Where can I find article 287 of the UNCLOS convention?
Choice of Procedure: Official Declarations and Statements under article 287 (click on name of country) of the Convention and optional exceptions to applicability of Part XV, Section 2, under article 298 of the Convention, are available at the Treaty Section of the UN’s Office of Legal Affairs (click on name of country)
What kind of jurisdiction does UNCLOS Tribunal have?
See Contentious jurisdiction (Article 297 of UNCLOS) and Declarations under Article 298 of UNCLOS The Tribunal has jurisdiction over all disputes concerning the interpretation or application of the Convention, subject to the provisions of article 297 and to the declarations made in accordance with article 298 of the Convention.
Can a declaration be made under Article 297 of the convention?
Article 297 and declarations made under article 298 of the Convention do not prevent parties from agreeing to submit to the Tribunal a dispute otherwise excluded from the Tribunal’s jurisdiction under these provisions (Convention, article 299).
Is the United Nations Convention on the Law of the sea binding?
The United Nations Convention on the Law of the Sea builds on this commitment by providing a compulsory and binding framework for the peaceful settlement of all related disputes.” * Includes links to Choice of Procedure, List of conciliators and arbitrators, and List of experts.