Settlement of Disputes

PART XV
SETTLEMENT OF DISPUTES

SECTION 1. GENERAL PROVISIONS

Article 279
Obligation to settle disputes by peaceful means

States Parties shall settle any dispute between them concerning the
interpretation or application of this Convention by peaceful means in
accordance with Article 2, paragraph 3, of the Charter of the United
Nations and, to this end, shall seek a solution by the means indicated in
Article 33, paragraph 1, of the Charter.

Article 280
Settlement of disputes by any peaceful means chosen by the parties

Nothing in this Part impairs the right of any States Parties to agree at
any time to settle a dispute between them concerning the interpretation or
application of this Convention by any peaceful means of their own choice.

Article 281
Procedure where no settlement has been reached by the parties

1. If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed to seek
settlement of the dispute by a peaceful means of their own choice, the
procedures provided for in this Part apply only where no settlement has
been reached by recourse to such means and the agreement between the
parties does not exclude any further procedure .

2. If the parties have also agreed on a time-limit, paragraph 1 applies
only upon the expiration of that time-limit.

Article 282
Obligations under general, regional or bilateral agreements

If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed, through a
general, regional or bilateral agreement or otherwise, that such dispute
shall, at the request of any party to the dispute, be submitted to a
procedure that entails a binding decision, that procedure shall apply in
lieu of the procedures provided for in this Part, unless the parties to the
dispute otherwise agree.

Article 283
Obligation to exchange views

1. When a dispute arises between States Parties concerning the
interpretation or application of this Convention, the parties to the
dispute shall proceed expeditiously to an exchange of views regarding its
settlement by negotiation or other peaceful means.

2. The parties shall also proceed expeditiously to an exchange of views
where a procedure for the settlement of such a dispute has been terminated
without a settlement or where a settlement has been reached and the
circumstances require consultation regarding the manner of implementing the
settlement.

Article 284
Conciliation

1. A State Party which is a party to a dispute concerning the
interpretation or application of this Convention may invite the other party
or parties to submit the dispute to conciliation in accordance with the
procedure under Annex V, section 1, or another conciliation procedure.

2. If the invitation is accepted and if the parties agree upon the
conciliation procedure to be applied, any party may submit the dispute to
that procedure.

3. If the invitation is not accepted or the parties do not agree upon the
procedure, the conciliation proceedings shall be deemed to be terminated.

4. Unless the parties otherwise agree, when a dispute has been submitted to
conciliation, the proceedings may be terminated only in accordance with the
agreed conciliation procedure.

Article 285
Application of this section to disputes submitted pursuant
to Part XI

This section applies to any dispute which pursuant to Part XI, section 5,
is to be settled in accordance with procedures provided for in this Part.
If an entity other than a State Party is a party to such a dispute, this
section applies mutatis mutandis.

SECTION 2. COMPULSORY PROCEDURES ENTAILING
BINDING DECISIONS

Article 286
Application of procedures under this section

Subject to section 3, any dispute concerning the interpretation or
application of this Convention shall, where no settlement has been reached
by recourse to section 1, be submitted at the request of any party to the
dispute to the court or tribunal having jurisdiction under this section.

Article 287
Choice of procedure

1. When signing, ratifying or acceding to this Convention or at any time
thereafter, a State shall be free to choose, by means of a written
declaration, one or more of the following means for the settlement of
disputes concerning the interpretation or application of this Convention:

(a) the International Tribunal for the Law of the Sea established in
accordance with Annex VI;
(b) the International Court of Justice ;
(c) an arbitral tribunal constituted in accordance with Annex VII;
(d) a special arbitral tribunal constituted in accordance with Annex VIII
for one or more of the categories of disputes specified therein.

2. A declaration made under paragraph 1 shall not affect or be affected by
the obligation of a State Party to accept the jurisdiction of the Sea-Bed
Disputes Chamber of the International Tribunal for the Law of the Sea to
the extent and in the manner provided for in Part XI, section 5.

3. A State Party, which is a party to a dispute not covered by a
declaration in force, shall be deemed to have accepted arbitration in
accordance with Annex VII.

4. If the parties to a dispute have accepted the same procedure for the
settlement of the dispute, it may be submitted only to that procedure,
unless the parties otherwise agree.

5. If the parties to a dispute have not accepted the same procedure for the
settlement of the dispute, it may be submitted only to arbitration in
accordance with Annex VII, unless the parties otherwise agree.

6. A declaration made under paragraph 1 shall remain in force until three
months after notice of revocation has been deposited with the Secretary-
General of the United Nations.

7. A new declaration, a notice of revocation or the expiry of a declaration
does not in any way affect proceedings pending before a court or tribunal
having jurisdiction under this article, unless the parties otherwise agree.

8. Declarations and notices referred to in this article shall be deposited
with the Secretary-General of the United Nations, who shall transmit copies
thereof to the States Parties.

Conclusion

Notes

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

A Common Law of International Adjudication, African Convention for the Conservation of Nature and Natural Resources 3, Agreement Relating to the “INTELSAT” 5, Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea 5, Agreement for Controlling the Desert Locust in the Near East 3, Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area 3, Bamako Convention on the Ban of the Import into Africa 5, Bamako Convention on the Ban of the Import into Africa 6, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 6, Charter of the Organization of American States 2, Charter of the Organization of American States 5, Charter of the United Nations 4, Comparative Law Classification (Max Planck Institute), Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 2, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 3, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 8, Constitutional Text: Austria 1920, Admended 2004, Constitutional Text: Brazil Constitution of 1988, Convention Relating to the Status of Refugees 5, Convention for Co-operation in the Protection and Development of the Marine 3, Convention for the Establishment of the Lake Victoria Fisheries Organization 4, Convention for the Protection of the Marine Environment of the North East Atlantic 4, Convention for the Protection of the Mediterranean Sea Against Pollution 3, Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region 3, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 2, Convention on Early Notification of a Nuclear Accident, Convention on Environmental Impact Assessment in a Transboundary Context 3, Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants 4, Convention on Long-Range Transboundary Air Pollution, Convention on Nitrogen Oxides, 1988 2, Convention on Volatile Organic Compounds, 1991 3, Convention on the (INMARSAT) 6, Convention on the Conservation of European Wildlife and Natural Habitats 3, Convention on the Conservation of Migratory Species of Wild Animals 3, Convention on the Conservation of Migratory Species of Wild Animals, Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Convention on the Protection and Use of Transboundary Watercourses 4, Convention on the Protection of the Black Sea Against Pollution, Convention on the Protection of the Marine Environment of the Baltic Sea Area 4, Convention on the Regulation of Antarctic Mineral Resource Activities 5, Convention on the Regulation of Antarctic Mineral Resource Activities 6, Convention on the Regulation of Antarctic Mineral Resource Activities 8, Convention on the Transboundary Effects of Industrial Accidents 3, Development International Law – Part 5, Encyclopedia of Public International Law, European Convention for the Protection of Animals During International Transport 3, European Energy Charter 11, European Energy Charter 12, History of Industrial Councils, History of Working Time, International Convention on the Elimination of All Forms of Racial Discrimination 3, International Court of Justice Part 27, International Court of Justice, International Court of Justice5, International Criminal Court4, International Law Encyclopedia 3, International Law Encyclopedia 6, International Plant Protection Convention 3, International humanitarian law, International institutions4, International institutions5, International law index E, International law index L, International law index, International law popular books, International law topics, International trade law3, International trade law6, Kyoto Protocol to the Convention on Climate Change 5, League of Nations, List of International Business Law Selected Cases, by Subject, List of International Law Selected Cases, by Subject, MPEPIL: Law of the sea, MPEPIL: Public Law: E, MPEPIL: Public Law: L, MPEPIL: Settlement of disputes, MPEPIL: Specific treaties and instruments, Marine Scientific Research 3, Marine and Coastal conventions, Multilateral treaties: Organization of American States, Municipal law Classification (Max Planck Institute), Outline of International trading of goods agreements, Plant Protection Agreement for the South East Asia and Pacific Region, Private international law resources, Protocol relating to the Status of Refugees, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 2, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 3, Public International Law Classification (Max Planck Institute), Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment 2, Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment 3, Settlement of Disputes 2, Settlement of Disputes 3, Telecommunications international conventions, Trade law Part 45, Trade law Part 55, UN Pacific settlement of disputes, UN: Purposes, principles and membership, United Nations Convention on Contracts for the International Sale of Goods 7, United Nations Convention on the Law of the Sea 16, United Nations Convention on the Law of the Sea 26, United Nations Convention on the Law of the Sea 27, United Nations Convention on the Law of the Sea 30, United Nations Convention on the Law of the Sea 7, United Nations Convention to Combat Desertification 7.

A Real International Court Does Not Endanger the Peaceable Settlement of Disputes

Lassa Oppenheim, in the book entitled The Future of International Law, about A Real International Court Does Not Endanger the Peaceable Settlement of Disputes, wrote in 1921: 60. This last objection has already been dealt with above (paragraph 55), where it is shown that a judicial award as an authoritative declaration of the legitimate character of an act or claim has, in and for itself, nothing to do with the governmental execution of the award. But as to the fear that the erection of an international court might endanger the peaceable settlement of disputes and the development of international arbitration, that is certainly groundless. The contrary is the case, as is shown by the fact that the happy movement towards the erection of an international court was initiated by the United States of North America. This country, which since its entry into the international community of states has more than any other championed the idea of the arbitral adjustment of disputes, and has in practice put it to good use, is well aware of the value of arbitration, but, on the other hand, it knows also how to prize the purely legal decision of legal questions. It has actually happened that a state has not ventured to submit a certain dispute to arbitration because it feared that its claim would not receive jural treatment in this way. It is just because the existence of an international court would promote the non-warlike settlement of international claims that its erection has been put forward. The
reason is that even with the most careful selection of arbiters, one is never certain beforehand as to the quarter whence they will derive their ideas of the aequum et bonum, whilst with a jural settlement of claims the decision rests on the sure basis of law. Further, the erection of an international court is not intended to cause the suppression of the so-called Permanent Court of Arbitration; on the contrary, the machinery of this latter is to be retained in full existence, so that the parties may in every case be able to choose between the Court of Arbitration and a real court. The future will show that both can render good service side by side.