20 The Settlement of Disputes
Philippe Gautier
From: The IMLI Manual on International Maritime Law: Volume I: The Law of the Sea
Edited By: David J Attard, Malgosia Fitzmaurice, Norman A Martínez Gutiérrez
- Subject(s):
- Jurisdiction — Arbitration — Arbitral tribunals — UNCITRAL Arbitration Rules — UNCLOS (UN Convention on the Law of the Sea) — Continental shelf — High seas — Territorial sea — Marine living resources — Delimitation — Exclusive fishery zone — Treaties, application — Specific treaties — Travaux préparatoires — UN Charter
A distinct feature—and weakness—of public international law, in comparison with municipal law, is the lack of a compulsory judicial system. Recourse to mechanisms for the settlement of disputes depends on the consent of the parties concerned. In the absence of such consent, injured parties might be unable to seek redress before an international court or tribunal and breaches of international obligations could then remain unchallenged. Compulsory settlement of disputes should not be seen as a notion alien to international law. As early as 1899, during the first...
