USCSCAP / CSCAP-PHL UNCLOS and Maritime Security in East Asia Manila Hotel, 27 May 2014 Session 1 UNCLOS and Dispute Settlement Jay L. Batongbacal, LLB, MMM, JSD Asst. Professor, UP College of Law Director, UP Institute for Maritime Affairs & Law of the Sea
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USCSCAP / CSCAP-PHL UNCLOS and Maritime Security in East Asia
Manila Hotel, 27 May 2014
Session 1
UNCLOS and Dispute Settlement
Jay L. Batongbacal, LLB, MMM, JSD Asst. Professor, UP College of Law
Director, UP Institute for Maritime Affairs & Law of the Sea
Notable Recent Events
Ayungin Shoal incidents, 2013-present
Notable Recent Events
Scarborough Shoal incidents, 2013-2014
Notable Recent Events
Obama visit / EDCA signing
Notable Recent Events
HS 981 drilling on VN continental shelf, 2014
Notable Recent Events
PH arrest of PRC (as well as PH) fishermen in Hasa-hasa Shoal
Notable Recent Events
Rapid reclamation/build-up of Johnson South Reef (2013-2014)
Dispute Settlement under UNCLOS
State Parties have express obligation to seek settlement by peaceful means (279)
comprehensive set of dispute settlement mechanisms
address disputes arising from interpretation and application of UNCLOS generally
classified and sequenced: procedures entailing non-binding and binding decisions
Dispute Settlement under UNCLOS
Generally, parties should try to settle first by “peaceful means chosen by the parties” (280)
IF there is another agreement between them which provides for submission to binding dispute settlement procedure, they such other agreement applies (282)
If not settled, and other procedures not precluded by initial means, then Part XV applies (281.1)
Step 1: Exchange of Views
1st recourse is to “proceed expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means” (283.1)
also applies if procedure is terminated without settlement, or if settlement is reached (283.2)