Student's assignment on Law of The Sea

1. UNCLO
S
D I S P UTE SETTLEMENTS

2. IN TRO
"All Members shall settle their
international disputes by peaceful
means in such amanner that
international peace and security, and
justice, are not endangered " (UN
CHARTERART33)
- ART.279 States Parties shall settle any
dispute between them concerning the
interpretation or application of this
Convention by peaceful means.
-ART2 8 1 where no settlement has been
reached ,be submitted at the request of
any party to the dispute to the court or
tribunal having jurisdiction under this

3. P EA CEFU
L MEANS
BY
-EXCHANGEOF
VIEWS/NEGOTIATIONS
"When adispute arises between
States Parties concerning the
interpretation or application of
this Convention, the parties to
the dispute shall proceed
expeditiously to an exchange of
views regarding its settlement by
negotiation or other peaceful
means. " -Art 2 8 3
-CONCILIATION
"A State Party which is aparty
to adispute concerning the
interpretation or application of
this Convention may invite the
other party or parties to submit
the dispute to conciliation in
accordance with the procedure
under Annex V, section 1, or
another conciliation procedure"

4. exhaustion of
LOCAL
REMEDIES
"Any dispute between States Parties
concerning the interpretation or
application of this Convention may
be submitted to the procedures
provided for in this section only
after local remedies have been
exhausted where this is required by
international law" -ART 2 9 5

5. CHOICE OF
PROCEDURE
S
International Tribunal for Law of
the Sea - Annex VI of UNCLOS
0 1
International Court of Justice
(ICJ)
0 2
Arbitration0 3

6. International Tribunal
of Law of the Sea
● Formed on August 1, 1996 and is located in Hamburg, Germany.
● The aim is to resolve disputes relating to the interpretation and
implementation of the Convention.
● Reflected that the sea legal dispute was placed on a separate system
considering the special character possessed by the law of the sea.
● The Tribunal has 21 independent judges, each chosen for a period of
9 years and divided into 5 rooms (Chambers); the Chamber of
Summary Procedure, the Chamber for Fisheries Disputes, the
Chamber for Marine Environmental Disputes, etc.

7. LAND RECLAMATION
ACTIVITIES CARRIED OUT
BY SINGAPORE IN THE
STRAITS THAT SEPARATE
SINGAPORE AND
MALAYSIA
SA M P L E CASE

8. c a s e s
Land reclamation activities carried out by Singapore in the straits that
separate Singapore and Malaysia. On September 5, 2003 in the case of land
reclamation by Singapore around the Straits of Johor, Malaysia requested that the
Tribunal decide on temporary measures to prevent Singapore from continuing
land reclamation activities until the case was brought to an independent
arbitration tribunal in accordance with Annex VII of the Law of the Sea
Convention. In examining land reclamation activities carried out by Singapore in
the Tua area, one of the two reclamation sites called Malaysia, the Tribunal
concluded that Malaysia did not show the urgency of the problem or did not
prove the possibility of fatal damage before the Annex VII Tribunal examined the
case. Therefore, the Tribunal does not order temporary measures to be taken at
the reclamation site.

9. c a s e s
Regarding the location of the second reclamation, Pulau Tekong, the Tribunal
noted the Singaporean commitment not to carry out activities that could cause
fatal damage to Malaysia while awaiting the results of independent studies by
experts financed by the two countries. On the basis of this commitment, the
Tribunal called on the two countries to form a panel consisting of independent
experts who will examine the land reclamation activities by Singapore and
propose actions that should be taken especially concerning the island of Tekong.
While awaiting a decision from the Annex VII Tribunal, the Tribunal requested
Singapore not to carry out activities that could cause fatal harm to Malaysian
rights or to marine environments. With these interim measures, Malaysia will
continue its efforts to obtain a final decision through an independent arbitration
tribunal on the basis of Annex VII

10. Thanks !