Sea dispute settlement

Juridical Sciences and Education, 2018

It is studied a triune complex of international and legal norms that directed to resolution of conflicts, threatening the maintenance of international peace and security. In conditions of permanent political turbulence of world politics and growth of military and power aspect in policy of many states the international and legal mechanism of ensuring of global security should be adequate to resolution of international conflicts with peaceful means. Contemporary international law provides the states with opportunity of a wide choice of the means to resolve conflicts, however namely a peaceful settlement is an integral part of the commitments of the subjects of international law. It is proved that legal basis of application of peaceful means of settlement of international conflicts includes the norms of control, norms of commitments of the subjects and the norms of regulation means. There is considered an increasing the degree of institutionalization of legal instruments of conflicts resolution: negotiations, surveys, mediation, conciliation, good services, investigative procedures, arbitration, court proceedings, and appeal to regional bodies.

International Law, 2010

Philippiniana Sacra

Völkerrechtsblog, 2019

International law is supposed to establish peace and prevent inter-state conflicts. At the same time, it is the central means for states to legitimize and communicate their claims in respect of the international community. For instance, the United Nations Convention on the Law of the Sea (UNCLOS) was designed to act as the ‘constitution for the oceans’ and to ‘promote the maintenance of international peace and security’ (Koh, 1982). Today, UNCLOS and customary international law (CIL) lie at the heart of states’ legitimation strategies when making overlapping claims to territory and/or maritime zones in the South China Sea. Considering several factors, the genesis of legal norms could not only be seen as establishing stability and peace, but also as creating new or exacerbating existing conflicts.

This research paper assesses the development of global courts, their structure, impact, and role in the global governance system using the International Tribunal for the Law of the Sea as an indicator. First, it outlines the historical emergence of global courts with a special focus on the establishment of the International Tribunal for the Law of the Sea before generally circumscribing international courts and tribunals (ICTs) with general jurisdiction from ICTs with specialized jurisdiction. Additionally, the major judicial mechanisms for dispute settlement as in international arbitration and adjudication will be described. In the following chapter the concrete structure of the Tribunal on the foundation of the United Nations Convention on the Law of the Sea in connection with the Statute of the International Tribunal for the Law of the Sea (the Statute) and other treaties will be assessed before the Tribunals awards are analysed at the example of the MOX Plant case and the Tribunals advisory opinion regarding illegal fishing activities by foreign vessels. Both cases highlight important principles of the emerging discipline of global administrative law. Lastly, an overall analysis discusses corresponding questions, inter alia, the impact of conflicting jurisdiction and the lack of certain enforcement mechanisms in the global legal sphere. It is being assumed that global legal integration is moving forward due to competition through proliferation, although divergent rulings and the lack of enforcement mechanisms do curb their reputation and authority in the global community. According to this research, one can outline global legal regimes as young creations, extremely diverse and numerous. Their main objective is to interact peacefully and cooperatively at the global level. However, the integration process is not finalized yet, its biggest flaw might be the lack of hierarchical structures and concomitant law enforcement mechanisms. Though as described in this paper, the global governance system is not at a lost root, its biggest strength might be its flexibility and resulting ability to create similarly functioning tools, inter alia, principles as the duty to cooperate and mutually owed diligence. With the strengthening of such natural principles, this marbled and heterarchical global governance system can increase its functionality and continue to evolve.

Anggi Saputra, 2024

The purpose of doing it study This is For know what is the resolution process ? dispute between countries within Court Court International and how forms solution dispute between countries according to International Law , where with use normative research concluded that : 1. According to International Law , as also stated in Article 33 of the Charter United Nations , in matter happen dispute between countries, yes resolved in a way peace. Completion in a way peace consists from solution solution in a way politics , with go through ways solution outside court , then solution in a way law consists on solution dispute through Arbitrage International and Court Court International. Whereas solution dispute in a way forced or violence consists fromL warand action armed non-war , retortion , actions retaliation and blockade peace .

Proceedings of the ASIL Annual Meeting

Hersch Lauterpacht set forth that international law should be functionally oriented toward both the establishment of peace between nations and the protection of fundamental human rights. This perspective was followed by Hans Kelsen, who authored Peace Through Law, reminding us that the pursuit of peace requires patience and commitment to international norms and legal institutions, such as international criminal tribunals, stating, “He who wishes to approach the aim of world peace in a realistic way must take this problem quite soberly, as one of a slow and steady perfection of the international order.” Later on the work of Grenville Clark and Lois B. Sohn spanned three decades, pursuing “World Peace Through World Law” through which they envisioned the creation of a World Conciliation Board, a World Equity Tribunal, compulsory jurisdiction for the ICJ, transfer of primary responsibility for the maintenance of peace from the Security Council to the General Assembly, and world disarmam...

Peace is the main reason of bringing into existence the international law in order to prevent conflicts and disputes between states and also wars which sad to say, nowadays we can see between some countries. Therefore, international law has organized legal procedures for the settlement of such problems.