{"title":"重新构想《联合国海洋法公约》第十五部分的程序问题","authors":"Joanna Mossop","doi":"10.1163/15718085-bja10129","DOIUrl":null,"url":null,"abstract":"\nThis article explores the question: ‘what would/should Part XV look like if it were to be negotiated today?’ Part XV, on dispute settlement, has played an important role in resolving issues including the interpretation of the United Nations Convention on the Law of the Sea (LOSC). Many procedural issues have arisen in these disputes, including those relating to jurisdiction and admissibility. In large part, the system has proven robust, although some tinkering with Part XV processes might be appropriate. Larger scale reforms might include clear instructions on the ability of International Tribunal for the Law of the Sea to consider requests for advisory opinions. Finally, the article considers whether dispute settlement processes in the World Trade Organization or human rights institutions may hold lessons for the LOSC.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Reimagining the Procedural Aspects of Part XV of the United Nations Convention on the Law of the Sea\",\"authors\":\"Joanna Mossop\",\"doi\":\"10.1163/15718085-bja10129\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThis article explores the question: ‘what would/should Part XV look like if it were to be negotiated today?’ Part XV, on dispute settlement, has played an important role in resolving issues including the interpretation of the United Nations Convention on the Law of the Sea (LOSC). Many procedural issues have arisen in these disputes, including those relating to jurisdiction and admissibility. In large part, the system has proven robust, although some tinkering with Part XV processes might be appropriate. Larger scale reforms might include clear instructions on the ability of International Tribunal for the Law of the Sea to consider requests for advisory opinions. Finally, the article considers whether dispute settlement processes in the World Trade Organization or human rights institutions may hold lessons for the LOSC.\",\"PeriodicalId\":45173,\"journal\":{\"name\":\"International Journal of Marine and Coastal Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2023-04-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Marine and Coastal Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1163/15718085-bja10129\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Marine and Coastal Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15718085-bja10129","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Reimagining the Procedural Aspects of Part XV of the United Nations Convention on the Law of the Sea
This article explores the question: ‘what would/should Part XV look like if it were to be negotiated today?’ Part XV, on dispute settlement, has played an important role in resolving issues including the interpretation of the United Nations Convention on the Law of the Sea (LOSC). Many procedural issues have arisen in these disputes, including those relating to jurisdiction and admissibility. In large part, the system has proven robust, although some tinkering with Part XV processes might be appropriate. Larger scale reforms might include clear instructions on the ability of International Tribunal for the Law of the Sea to consider requests for advisory opinions. Finally, the article considers whether dispute settlement processes in the World Trade Organization or human rights institutions may hold lessons for the LOSC.
期刊介绍:
The International Journal of Marine and Coastal Law addresses all aspects of marine and coastal law. In addition to normal in-depth scholarly articles, the Journal contains a distinctive feature: a vigorous ‘Current Legal Developments’ section which provides notes and commentary on international treaties and case law, national statute law, national court decisions, and other aspects of state practice; includes the relevant original documentation where appropriate; and monitors developments in relevant international organizations at a global and regional level. The format also includes a book review section.