THE LAW OF THE SEA AND SETTLEMENT OF MARITIME DISPUTES

This comprehensive analysis examines the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) for the settlement of maritime disputes and assesses the implementation challenges facing the new legal regime in the mid-1980s. The article explores the dispute resolution mechanisms established by UNCLOS, including the International Tribunal for the Law of the Sea, arbitration procedures, and special commissions for specific types of disputes. The research investigates how different categories of maritime disputes—including boundary delimitation, resource conflicts, and navigational rights—are addressed within the UNCLOS framework. The study analyzes case studies of ongoing maritime disputes in different regions to assess the effectiveness of UNCLOS mechanisms in practice. The article examines the relationship between compulsory dispute settlement and state sovereignty concerns in the sensitive area of maritime jurisdiction. The research also evaluates the participation of different state groups in the UNCLOS dispute resolution system and identifies factors that influence state compliance with dispute settlement outcomes. Furthermore, the analysis considers the future evolution of maritime dispute resolution in the context of the new Law of the Sea regime.

The United Nations Convention on the Law of the Sea represented one of the most comprehensive legal frameworks ever negotiated, with this article providing a detailed analysis of its dispute settlement provisions and implementation challenges in the mid-1980s. The research begins by examining the historical development of maritime dispute resolution, tracing the evolution from ad hoc arbitration to the comprehensive system established by UNCLOS. The analysis explores the architecture of the UNCLOS dispute settlement system, investigating the roles of the International Tribunal for the Law of the Sea, arbitration tribunals, special technical commissions, and the International Court of Justice in resolving different types of maritime conflicts. The article examines the compulsory aspects of the UNCLOS dispute settlement system, analyzing how states can choose among different procedures and the circumstances under which dispute resolution becomes mandatory. The study investigates specific categories of disputes addressed by UNCLOS, including maritime boundary delimitation, fisheries conflicts, marine scientific research disputes, and environmental protection issues. The research assesses early implementation experiences with UNCLOS dispute resolution, examining how states have utilized the new mechanisms and the initial outcomes of these processes. Based on the comprehensive assessment, the article identifies both the strengths and limitations of the UNCLOS dispute settlement system and analyzes the factors that will determine its long-term effectiveness. The findings provide valuable insights into the challenges of implementing complex legal regimes in sensitive areas of national interest and contribute to understanding how international law can manage conflicts over shared maritime resources.