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    Murphy Slides For LaLive Lecture

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    Hagarin Tome
    The document summarizes dispute settlement mechanisms under the United Nations Convention on the Law of the Sea (LOSC), including negotiation, mediation, conciliation, arbitration, and judicial settlement. It provides examples of disputes that have been resolved through each mechanism, such as the 2008 Mauritius-Seychelles maritime boundary treaty negotiated agreement and the 2015 OAS mediation of the Belize-Guatemala border dispute. The document also outlines the roles of the International Tribunal for the Law of the Sea, International Court of Justice, and various arbitral tribunals in settling maritime disputes under LOSC.

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    Murphy Slides For LaLive Lecture

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    Hagarin Tome
    25 views21 pages
    The document summarizes dispute settlement mechanisms under the United Nations Convention on the Law of the Sea (LOSC), including negotiation, mediation, conciliation, arbitration, and judicial settlement. It provides examples of disputes that have been resolved through each mechanism, such as the 2008 Mauritius-Seychelles maritime boundary treaty negotiated agreement and the 2015 OAS mediation of the Belize-Guatemala border dispute. The document also outlines the roles of the International Tribunal for the Law of the Sea, International Court of Justice, and various arbitral tribunals in settling maritime disputes under LOSC.

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    Murphy Slides for LaLive Lecture

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    The document summarizes dispute settlement mechanisms under the United Nations Convention on the Law of the Sea (LOSC), including negotiation, mediation, conciliation, arbitration, and judicial settlement. It provides examples of disputes that have been resolved through each mechanism, such as the 2008 Mauritius-Seychelles maritime boundary treaty negotiated agreement and the 2015 OAS mediation of the Belize-Guatemala border dispute. The document also outlines the roles of the International Tribunal for the Law of the Sea, International Court of Justice, and various arbitral tribunals in settling maritime disputes under LOSC.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views21 pages

    Murphy Slides For LaLive Lecture

    Uploaded by

    Hagarin Tome
    The document summarizes dispute settlement mechanisms under the United Nations Convention on the Law of the Sea (LOSC), including negotiation, mediation, conciliation, arbitration, and judicial settlement. It provides examples of disputes that have been resolved through each mechanism, such as the 2008 Mauritius-Seychelles maritime boundary treaty negotiated agreement and the 2015 OAS mediation of the Belize-Guatemala border dispute. The document also outlines the roles of the International Tribunal for the Law of the Sea, International Court of Justice, and various arbitral tribunals in settling maritime disputes under LOSC.

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    © All Rights Reserved
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    of 21

    A 

    Rising Tide: Dispute Settlement 
    under the Law of the Sea

    Professor Sean Murphy

    LALIVE Lecture
    15 July 2015
    Geneva
    Outline
    I. Introduction
    II. Law of the Sea Convention (LOSC)
    III. Negotiation
    IV. Mediation
    V. Conciliation
    VI. Arbitration
    VII. Judicial Settlement
    VIII. Commission on Continental Shelf
    IX. Conclusion
    LOSC Maritime Zones
    What are “islands”? “rocks”?
    “low-tide elevations”?
    LOSC Compulsory Dispute Settlement
    1. International Tribunal for the Law of
    the Sea (ITLOS)
    -- LOSC Annex VI

    2. International Court of Justice (ICJ)

    3. Arbitral Tribunal
    -- LOSC Annex VII

    4. Special Arbitral Tribunal


    -- fisheries, marine environment,
    scientific research, navigation
    -- LOSC Annex VIII
    Negotiation: 2008 Mauritius-
    Seychelles EEZ Delimitation Treaty
    Mediation: 2015 OAS Mediation of
    Belize-Guatemala Border Dispute
    Conciliation: 1981 Iceland/Norway
    Continental Shelf Dispute
    Regarding Jan Mayen Island
    LOSC Annex VII Arbitrations
    1. Australia and New Zealand v. Japan (“Southern Bluefin Tuna
    Arbitration”)
    2. Ireland v. United Kingdom (known as the “MOX Plant
    Arbitration”)
    3. Malaysia v. Singapore (“Land Reclamation Arbitration”)
    4. Barbados v. Trinidad and Tobago Maritime Delimitation
    Arbitration
    5. Guyana v. Suriname Maritime Delimitation Arbitration
    6. Bangladesh v. India (“Bay of Bengal Maritime Boundary
    Arbitration”)
    7. Mauritius v. United Kingdom (“Chagos Archipelago
    Arbitration”)
    8. Argentina v. Ghana (the "ARA Libertad Arbitration")
    9. Philippines v. China (“South China/West Philippines Sea
    Arbitration”)
    8. Malta v. São Tomé and Príncipe (the “Duzgit Integrity
    Arbitration”)
    9. Netherlands v. the Russian Federation (“Arctic Sunrise
    Arbitration”)
    10. Denmark in respect of the Faroe Islands v. the European
    Union (“Atlanto-Scandian Herring Arbitration”)
    Chagos Archipelago Arbitration
    Philippines v. China Arbitration
    (China’s “Nine-Dash” Line)
    International Tribunal for the
    Law of the Sea (ITLOS)
    ICJ Judgments on Law of Sea Since 1994
    1998 Fisheries Jurisdiction (Spain v. Canada)
    2001 Maritime Delimitation and Territorial
    Questions (Qatar v. Bahrain)
    2002 Land and Maritime Boundary (Cameroon
    v. Nigeria: Equatorial Guinea intervening)
    2007 Territorial and Maritime Dispute in the
    Caribbean Sea (Nicaragua v. Honduras)
    2012 Territorial and Maritime Dispute
    (Nicaragua v. Colombia)
    2009 Maritime Delimitation in the Black Sea
    (Romania v. Ukraine)
    2014 Maritime Dispute (Peru v. Chile)
    2014 Whaling in the Antarctic (Australia v.
    Japan: New Zealand intervening)
    Provisional Equidistance Line
    Identify the Relevant Maritime
    Area (Nicaragua v. Colombia)
    ICJ’s Three-Step Delimitation
    Process (Nicaragua v. Colombia)
    ICJ’s Angle-bisector Method
    (Nicaragua v. Honduras)
    ITLOS 2014 Advisory Opinion for
    West African Sub-Regional
    Fisheries Commission
    ITLOS Seabed Chamber 2011
    Advisory Opinion on Seabed Mining
    Extended Continental Shelf Claims
    Future LOS Disputes?

    High seas fishing


    Deep sea-bed mining
    Global climate change
    Enforcement against pirates
    Military incidents on the sea
    Smuggling of persons
    Cultural objects on seabed

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