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

by Lan Ngoc Nguyen

Overview

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.

Product Details

ISBN-13:	9781108845632
Publisher:	Cambridge University Press
Publication date:	02/09/2023
Pages:	336
Product dimensions:	6.18(w) x 9.25(h) x 0.94(d)

About the Author

Lan Nguyen is an Assistant Professor at Utrecht University School of Law. She obtained her B.A (summa cum laude) from the Diplomatic Academy of Vietnam, her LL.M in International Law (First Class Honours and awarded the Clive Parry Prize for International Law) and her PhD from the University of Cambridge. She has previously worked at the Vietnamese Ministry of Foreign Affairs and the International Tribunal for the Law of the Sea.

Table of Contents

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.

Editorial Reviews

‘This book makes a rich contribution to the literature by examining cases under ITLOS, Annex VII and examining the role of dispute settlement in the development of UNCLOS … the book serves as a 'gold standard' for lecturers, students and practitioners of the law of the sea due to its lucid explanation of the key concepts under the UNCLOS dispute settlement mechanism.’ Atul Alexander, International and Comparative Law Quarterl

From the Publisher