Settlement of Disputes 2

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Settlement of Disputes

 

Article 288
Jurisdiction

1. A court or tribunal referred to in article 287 shall have jurisdiction
over any dispute concerning the interpretation or application of this
Convention which is submitted to it in accordance with this Part.

2. A court or tribunal referred to in article 287 shall also have
jurisdiction over any dispute concerning the interpretation or application
of an international agreement related to the purposes of this Convention,
which is submitted to it in accordance with the agreement.

3. The Sea-Bed Disputes Chamber of the International Tribunal for the Law
of the Sea established in accordance with Annex VI, and any other chamber
or arbitral tribunal referred to in Part XI, section 5, shall have
jurisdiction in any matter which is submitted to it in accordance
therewith.

4. In the event of a dispute as to whether a court or tribunal has
jurisdiction, the matter shall be settled by decision of that court or
tribunal.

Article 289
Experts

In any dispute involving scientific or technical matters, a court or
tribunal exercising jurisdiction under this section may, at the request of
a party or proprio motu, select in consultation with the parties no fewer
than two scientific or technical experts chosen preferably from the
relevant list prepared in accordance with Annex VIII, article 2, to sit
with the court or tribunal but without the right to vote.

Article 290
Provisional measures

1. If a dispute has been duly submitted to a court or tribunal which
considers that prima facie it has jurisdiction under this Part or Part XI,
section 5, the court or tribunal may prescribe any provisional measures
which it considers appropriate under the circumstances to preserve the
respective rights of the parties to the dispute or to prevent serious harm
to the marine environment, pending the final decision.

2. Provisional measures may be modified or revoked as soon as the
circumstances justifying them have changed or ceased to exist.

3. Provisional measures may be prescribed, modified or revoked under this
article only at the request of a party to the dispute and after the parties
have been given an opportunity to be heard.

4. The court or tribunal shall forthwith give notice to the parties to the
dispute, and to such other States Parties as it considers appropriate, of
the prescription, modification or revocation of provisional measures.

5. Pending the constitution of an arbitral tribunal to which a dispute is
being submitted under this section, any court or tribunal agreed upon by
the parties or, failing such agreement within two weeks from the date of
the request for provisional measures, the International Tribunal for the
Law of the Sea or, with respect to activities in the Area, the Sea-Bed
Disputes Chamber, may prescribe, modify or revoke provisional measures in
accordance with this article if it considers that prima facie the tribunal
which is to be constituted would have jurisdiction and that the urgency of
the situation so requires. Once constituted, the tribunal to which the
dispute has been submitted may modify, revoke or affirm those provisional
measures, acting in conformity with paragraphs 1 to 4.

6. The parties to the dispute shall comply promptly with any provisional
measures prescribed under this article.

Article 291
Access

1. All the dispute settlement procedures specified in this Part shall be
open to States Parties.

2. The dispute settlement procedures specified in this Part shall be open
to entities other than States Parties only as specifically provided for in
this Convention.

Article 292
Prompt release of vessels and crews

1. Where the authorities of a State Party have detained a vessel flying the
flag of another State Party and it is alleged that the detaining State has
not complied with the provisions of this Convention for the prompt release
of the vessel or its crew upon the posting of a reasonable bond or other
financial security, the question of release from detention may be submitted
to any court or tribunal agreed upon by the parties or, failing such
agreement within 10 days from the time of detention, to a court or tribunal
accepted by the detaining State under article 287 or to the International
Tribunal for the Law of the Sea, unless the parties otherwise agree.

2. The application for release may be made only by or on behalf of the flag
State of the vessel.

3. The court or tribunal shall deal without delay with the application for
release and shall deal only with the question of release, without prejudice
to the merits of any case before the appropriate domestic forum against the
vessel, its owner or its crew. The authorities of the detaining State
remain competent to release the vessel or its crew at any time.

4. Upon the posting of the bond or other financial security determined by
the court or tribunal, the authorities of the detaining State shall comply
promptly with the decision of the court or tribunal concerning the release
of the vessel or its crew.

Article 293
Applicable law

1. A court or tribunal having jurisdiction under this section shall apply
this Convention and other rules of international law not incompatible with
this Convention.

2. Paragraph 1 does not prejudice the power of the court or tribunal having
jurisdiction under this section to decide a case ex aequo et bono, if the
parties so agree.

Article 294
Preliminary proceedings

1. A court or tribunal provided for in article 287 to which an application
is made in respect of a dispute referred to in article 297 shall determine
at the request of a party, or may determine proprio motu, whether the claim
constitutes an abuse of legal process or whether prima facie it is well
founded. If the court or tribunal determines that the claim constitutes an
abuse of legal process or is prima facie unfounded, it shall take no
further action in the case.

2. Upon receipt of the application, the court or tribunal shall immediately
notify the other party or parties of the application, and shall fix a
reasonable time-limit within which they may request it to make a
determination in accordance with paragraph 1.

3. Nothing in this article affects the right of any party to a dispute to
make preliminary objections in accordance with the applicable rules of
procedure.

Article 295
Exhaustion of local remedies

Any dispute between States Parties concerning the interpretation or
application of this Convention may be submitted to the procedures provided
for in this section only after local remedies have been exhausted where
this is required by international law.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Settlement of Disputes.

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