OF THE
SEA 307
LAW
THE
naans of their own choice. The Convention also provides for procedure where no
aCeful m
settlement has been heen reached by the Parties.215 Provisions relating to obligation to
and conciliation21" have also been
encha
As regards Compulsory cedures Entailing Binding Decisions, the Convention has
made ' a significan
parture from the traditional principle of International law under which
a the sovereign right to refuse to submit a dispute to an independent body." 218
tate
of the
Convention provides that any dispute concerning the interpretation or
286
Aqicle
cle zooi the Convention shall, where no settlement has been reached by recourse to
anolicatio nrovisions referred above), be submitted at the request of any paty to the
section the court or tribunal having jurisdiction. This is however, subject to certain
ispute ontained in Section 3 comprising of Articles 297, 298 and 299. As regards
limitatiorocedure, Article 287 (1) provides that when signing, ratifying or acceding to
choice of
onvention
or at any time thereafter, a State shall be free to choose, by means of a
.
this
written tion, one or more of the following means for the settlement of disputes
eclaration,
erning the
interpretatie or application of the Convention
cOn al The International Tribunal for the Law of the Sea established in accordance
(a)
with Annex. VI;
N.8.-The International Tribunal for the Law of Sea referred to in Article 287 was
inally established ned on 21 October, 1996. This has been discussed in detail in the next
20.
i.e. Chapter
chapter,
(b) the International Court of Justice;
lc) an arbitral tribunal constituted in accordance with Annex. VIl;
d a special arbitral tribunal constituted in accordance with Annex. VIll for one or
more of the categories of disputes specified therein.
Further, a declaration made under the above provision shall not affect or be affected
hr 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 5.219
Article 288 which deals with the jurisdiction of a court or tribunal referred to in Article
287 also provides that in the event of a dispute as to whether a court or tribunal has
urisdiction, the matter shall be settled by decision of that court or tribunal.20 As regards
applicable law, Article 293 provides the following:
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.
Lastly, Article 296, provides that any decision rendered by a court or tribunal having
jurisdiction under Section 2 shall be final and shall be complied with by all the parties to the
dispute. But any such decision shall have no binding force except between the parties and
in respect of that particular dispute. Article 297 is on thelines of Articles 59 and 60 ofthe
Statute of the International Court of Justice and combines both these articles. Article 296
is however, conspicuous by its silence in respect of the power of the court or tribunal to
construe its judgment at the request of any party in the event of dispute as to the meaning
or
scope of the judgment.
215. Article 281.
216. Article 283
217. Article 284
218. Jorge R. Coquia, "Settlement of Disputes in the U. N. Convention on the Law of the Sea",l.J.L., Vol. 25
(1985) p. 171 at p. 190.
219. Article 287
(2).
220. Article 288
(4).
