The System for Settlement of Disputes under the United Nations Convention on the Law of the Sea: A Drafting History and a Commentary

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Acknowledgements
Table of Contents
PART I. THE EVOLUTION AND DEVELOPMENT OF THE SYSTEM
	CHAPTER I. Prolegomenon
	CHAPTER II. The 1974 Caracas Session and identification of issues
		A. The United States proposal as an initial basis for consultation
		B. Eleven issues and draft articles by the informal working group
			1. Obligation to settle disputes under the Convention by peaceful means
			2. Settlement of disputes by means chosen by the parties
			3. Clauses relating to other obligations with respect to disputes settlement
			4. Clauses relating to settlement procedures not entailing a binding decision
			5. Obligation to resort to a means of settlement resulting in a binding decision
			6. The relationship between general and functional approaches
			7. Parties to a dispute
			8. Local remedies
			9. Advisory jurisdiction
			10. Equity jurisdiction
			11. Exceptions and reservations to disputes settlement provisions
		C. A summary of the fundamental ideas in the 1974 Caracas Document on disputes settlement
	CHAPTER III. The 1975 Geneva Session: the emergence of a framework for the settlement system
		A. The working group’s framework in brief
		B. Draft articles which offer wide choices of modes of settlement
		C. Draft articles concerning procedures entailing binding decisions — Compulsory jurisdiction
			1. Multiplicity of jurisdiction as a permanent feature
			2. The Montreux formula on the choice of compulsory procedures
			3. The scope of the compulsory procedures: Four types of jurisdictions under the comprehensive approach
		D. Draft articles on exclusion of certain issues from the compulsory settlement procedures
			1. The three views on the subject
			2. Designation of category of disputes to be settled by compulsory procedures and those excluded from such procedures
		E. Draft article on the question of access to the third-party procedures
		F. Draft articles on interim measures, accelerated procedures and applicable law
		G. The working group’s Geneva Document in perspective
	CHAPTER IV. The 1976 New York Sessions: President Amerasinghe’s informal document and consideration of the subject by the conference as a whole
		A. The President’s informal document
			1. Retention of the Working Group’s general framework for the settlement system
			2. Departure from the Montreux formula and treatment of the Law of the Sea Tribunal as the dominant forum
			3. Simplification of the scope of jurisdiction of the forums for compulsory procedures
			4. Closure of the list of issues to be excluded from the compulsory settlement procedures under the Convention
			5. A liberal approach to the question of access to the third-party procedures under the Convention
		B. The first formal debate on the subject by the Conference as a whole
			1. Views on the two approaches to the disputes settlement system and choice of procedures
			2. Views on the question of access to the third-party procedures
			3. Focus upon the question of exceptions to the compulsory procedures
			4. Views on the status of the disputes settlement system within the Convention
		C. First Revision of President’s draft articles (Part IV Rev. 1)
			1. The emergence of a new framework for the system: Presentation of procedures in two Sections
			2. The non-controversial articles: Section
			3. The link between the non-compulsory and the compulsory procedures
			4. The tribunals for judicial settlement as the only forums for interpretation and application of the Convention as a whole
			5. Reinstatement of the Montreux formula and a return to the cautious approach to the question of access to the procedures
			6. Automatic exclusion of certain disputes from the settlement system: Exceptions to such exclusions and optional exceptions by specific declarations
			7. Flexibility in the choice of forums with jurisdiction in cases of interim measures and prompt release of vessels
			8. Towards the abandonment of the local remedies rule and more accurate formulations of the applicable law provision
			9. The question of expert advice and the binding force of decisions
	CHAPTER V. The 1977 Nex York Session: Clarification of the scope of the compulsory procedures and development towards the integration of the system as a whole
		A. Analysis of the draft articles of the President’s second revision not discussed at the 1977 session of the Conference
		B. Comments on the draft articles of the President’s second revision discussed during the 1977 session of the Conference
			1. Separation of provisions relating to the scope of the compulsory procedures under Section 2 from those concerning the exclusion of sensitive issues from such procedures
			2. The emergence of arbitration as the forum with residual jurisdiction under the Montreux formula
			3. Towards accommodation of the special procedures and abandonment of a Sea-Bed Tribunal as an organ of the Sea-Bed Authority
			4. Accelerated procedures for release of detained vessels
			5. Focus on the provisions concerning interim measures of protection
		C. The informal composite negotiating text (ICNT) and complete integration of the disputes settlement system under the comprehensive approach
			1. The establishment of the Sea-Bed Disputes Chamber of the Law of the Sea Tribunal as part of the integration of the disputes settlement system under Part XV of the ICNT
			2. Jurisdictional clauses of the Sea-Bed Disputes Chamber under Part XI of the ICNT
			3. Achieving a balance between the protection of coastal States from frivolous and vexatious proceedings and the protection of the interests of the other States within the exclusive economic zone
			4. Complete accommodation of the special arbitration procedures within the compulsory jurisdictions of the system under the Montreux formula
			5. Further refinements on the provisions on optional declarations to limit the jurisdiction of the compulsory procedures over sensitive issues
			6. Improvements on provisions relating to the question of access to the compulsory procedures, prompt release of vessels, and the reinstatement of the local remedies rule
	CHAPTER VI. The 1978 Geneva Session and the retreat from emphasis on judicial settlement procedures of the system
		A. Background to the ‘Conditional mini package deal’ and the limitation of the scope of judicial forums of part XV
		B. The emergence of compulsory resort to conciliation as the third-party procedures for settling most of the disputes in the economic zone
			1. Establishment of Negotiating Groups
			2. The work of Negotiating Group 5: Designation of disputes with respect to which compulsory judicial procedures were envisaged and identification of those to be settled by obligatory resort to conciliation
				(i) Disputes for which compulsory judicial procedures were envisaged under Article 296 of the Chairman of Negotiating Group 5
				(ii) Disputes with respect to which obligatory resort to conciliation (‘compulsory conciliation’) were established under Article 296 of the Chairman of Negotiating Group 5
		C. The question of settlement of sea boundary delimitation disputes
			1. Development of the approaches to the question: Contribution of Professor Louis B. Sohn
			2. The emergence of conciliation as the basic procedure for settlement of delimitation disputes
			3. Evaluation of the sea boundary settlement procedure in the context of the main trends
	CHAPTER VII. Focus upon settlement of disputes relating to the exploration and exploitation of sea-bed area — the eighth and ninth sessions (1979–80)
		A. Abandonment of the substantive link between the sea-bed disputes chamber and the sea-bed authority
		B. Expansion of forums for settlement of sea-bed disputes involving states inter se: the case for ad hoc sea-bed disputes chambers
		C. Exclusive jurisdiction of sea-bed disputes chamber re-examined: the question of enumeration of categories of disputes v. designation of parties with access
		D. Decisions of the authority regarding limitation of the jurisdiction of the sea-bed disputes chamber
		E. Advisory jurisdiction of the sea-bed disputes chamber
		F. Further improvements in the general system of settlement of disputes under part XV and the annexes relating thereto
			1. Changes discussed relating to Part XV
			2. Changes discussed relating to the annexes
	CHAPTER VIII. Development of the institutional aspects of the system: the annexes
		A. The annex on conciliation
		B. The annex containing the statute of the international tribunal for the law of the sea
		C. The annex on arbitration
		D. The annex on the system of special procedures: special arbitration
		E. Access to the disputes settlement system by entities other than states having the right to participate in the Convention: annex IX
PART II. THE BASIC STRUCTURE OF THE DISPUTES SETTLEMENT SYSTEM OF THE CONVENTION AND RELATED ANNEXED
	CHAPTER IX. An overview of the disputes settlement system
		A. Emphasis on wider acceptance of the system
		B. The basic structure of the system in breif
	CHAPTER X. Procedures for settlement of disputes in the exclusive economic zone
		A. Disputes to be settled by compulsory resort to conciliation
			1. Fisheries disputes
			2. Scientific research disputes
		B. Disputes for which compulsory judicial procedures are retained
			1. Environmental disputes
			2. Disputes arising from the exercise of certain freedoms and rights and other uses of the Sea
	CHAPTER XI Procedures for the settlement of sea-bed disputes
		A. The institutional arrangement for the sea-bed disputes
		B. The jurisdictional issues of the sea-bed disputes chamber
	CHAPTER XII. Procedures for the settlement of disputes related to sea boundary delimitations
		A. The substantive articles and the associated disputes settlement provisions in brief
		B. The procedural aspects of delimitation settlement
		C. Part II in perspective and general conclusions