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Dispute Settlements

26 stycznia 2023, 19:59
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Regarding the existing provisions on the settlement of disputes and its role in the management of the World Ocean, which has a great impact on everyday human life from the point of view of economy, ecology and transport.


Dispute settlement provisions play a significant role in the world ocean governance that, in turn, have a great impact on human every-day life from the prospective of economy, ecology, and transportation. Thus, the oceans play a significant role in sustainability of human social, economical and ecological life, they are closely related to the global peace maintenance and health. Science and rapid development of technologies oriented towards explorations of oceans, using transportation facilities and using recourses, raise many disputes around this issue. Thus, dispute settlements mechanisms in the sphere of Law of the sea are essential for sustaining the global peace because they explicate general and compulsory provisions, obligatory for all Parties.

Dispute Settlements Provisions

United Nation Convention on Law of the Sea 1982 considers general and compulsory procedures as the main mechanisms of dispute settlement of Marine Law. General provisions are explaining the state’s obligations to settle disputes peacefully. Another part of provisions of Convention are compulsory procedures that lead to binding decisions. These mechanisms may be applied if only no other settlements provisions from Section 1 have been exercised. There are limitations and exceptions to the dispute settlement provisions foresaw in the document elite essay that predominantly provide exceptions to operations of compulsory procedures concerning sovereignty of coastal states, scientific researches of the ocean, and fisheries. These fields of Marine Law are under the special regulations because they cause the most frequent disputes between states.

International Convention for the Prevention of Pollution from Ships, 1937 suggests compulsory provisions if settlement by negotiation was not achieved. Thus, if settlement by negotiation was not achieved, then any dispute should be submitted upon request of any Party to arbitration. The Protocol II of the Convention 1973 foresees an establishing of an Arbitration Tribunal.

The UN Declaration of Principles Governing the Sea-Bed and the Ocean Floor and the Subsoil Thereof, beyond the Limits of National Jurisdiction Charter of the UN is designed for resolving any marine disputes. Such procedure should be definitely agreed upon the established international regime. The parties of any dispute occurred in relations to different activities concerning the ocean area and its resources shall resolve them according to measures of Article 33 of the Charter of the United Nations. All the settling disputes procedures may be agreed upon according to the established international regime. Te article 33 claims that any dispute concerning the international peace and security should be solved by negotiation, arbitration and conciliation by peaceful means. The Security Council is required to settle any dispute of Parties upon their request.

According to Convention on Fishing and Conservation of the Living Resources of the High Seas, unless no other peaceful solutions settlement was found by the Parties, any disputes shell be settled by the special marine commission. The document describes the principles of work of the commission and its procedures and also references the Article 33 of the Charter of the UN.


The applications to dispute settlement of marine conventions and treaties are regulated by general provisions governed by principles of peaceful dispute settlement as well as by compulsory provisions that foresee a creation or turning to already established Tribunal or Security Council. The fact that many treaties and conventions of Marine law turn to the Charter of the United Nations testifies to the effectiveness of adhering to the primary principles of peaceful settlement of disputes. Thus, a solution by negotiation, enquiry, conciliation, facilitation, mediation or other peaceful means should be first sought by the Parties of any dispute. All applications to dispute settlements are based on principles of non-use of force in international relations, on principle of non-intervention in the affairs between states, on the principle of equal rights and self-determination as well as justice and international law. Therefore, the Parties of dispute should make all possible efforts in order to settle it in the most amicable way.

According to a Sea Convention of 1982, all States shell be free to choose one or more means for settlement of disputes when applying this convention. The main means of compulsory procedures to the dispute settlement of marine law are The International Tribunal for the Law of the Sea, International Court of Justice, an arbitral tribunal, and a special tribunal. More than 100 articles of the Convention comprehensively deal with dispute settlements what testifies to the significance of the topic in Marine Law. Therefore, all resources to none peaceful means of dispute settlements are considered to be impermissible. International treaties of Law of the Sea do not consider one peaceful way of settlement above another and find them all applicable to implementation. Furthermore, all Parties are free to choose the peaceful means by their own and these peaceful means of possible settlement may even fall outside of the realm of marine treaties and documents.

There are many institutions dealing with current international issues and disputes concerning the Law of the Sea that provide a framework for a successful implementation of rules and regulations. The dispute settlement procedures and applications emphasize the necessity of international cooperation in the field of Marine Law since it ensures the safety and security by defining fishing areas as well as by providing various measures for protection of the environment. That is why all possible processes of mediation and facilitation are essential in building a sustainable ocean government and maintaining the implementation of all rules and regulations. In this regard, the dispute settlement provisions of contemporary Law of the Sea shall ensure the flexibility for the parties in the ways and methods of settling their disputes.

The contemporary shift in the basic conditions of the oceans is connected to reducing the amount of ocean resources, boundaries delimitations, surface and underwater navigation, limitations of military uses, and increasing conflicts between states leading to the increasing potential for proliferation of marine dispute settlement mechanisms. Thus, the dispute settlement of the Law of the Sea has the potential for resolving former dispute applications as well as for finding the way to jointly preserve and develop resources. The contemporary world gives more and more reasons to various disputes on this issue, such as terrorism, proliferation of weapons of mass destruction, and migration. At any rate, resources and peaceful use of oceans are the main subjects of dispute settlements in marine law. In this regard, fishery disputes are the main issues of in the field of the Law of the Sea. Another significant application do dispute is a boundary delimitation that often become disputable between different sates and become reasons of their hostility to each other. In most of cases such cases are settled through the compulsory procedures, that foresee involvement of international tribunal security councils.


In conclusion, dispute settlements mechanisms in the sphere of Law of the sea are essential for maintaining the global peace because they suggest effective provisions of peaceful settlement. The UN Convention of 1982 suggests a comprehensive range of settlement mechanisms and is the main source of these mechanisms. All dispute settlements in the field of Marine Law are based on principles of peaceful settlement and are oriented to promote imitativeness and flexibility. The main applications in marine dispute settlements are the use of resources, boarders delimitations, military use, as well as surface and underwater navigation. If the peaceful way of settlement was chosen by Parties of the conflict, they are obligated to turn to special institutions, such as tribunals or international security councils.

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