Bernaerts' Guide _UNCLOS 1982
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Book page 92-93


  Annex VII -  LINK: Full Text


Arbitration - UNCLOS 1982 Any disputes between states concerning the interpretation or application of the Convention are to be submitted to arbitration if the states have not chosen by declaration the same court or tribunal or reached an agreement otherwise.[1] For this reason, arbitration might become one of the most common procedures - in theory. Practice may well prove otherwise. If only two parties are involved in a dispute, the arbitral tribunal consists of five members[2] (involvement of more than two parties can cause an increase in the number[3]), preferably to be chosen from a list of arbitrators maintained by the UN Secretary-General. Each party may nominate one arbitrator at its discretion, and the parties jointly nominate the remaining three arbitrators[4]. If one or all of the parties fail to nominate the required arbitrators, the President of the Tribunal of the Law of the Sea is to appoint them.[5] The arbitral tribunal has only one-quarter the number of members of the Tribunal for the Law of the Sea (twenty-one[6]). A further significant distinction is that the states parties to the dispute must bear the entire expense of the arbitral tribunal,[7] both their own costs and the expenses of arbitration in general (otherwise, only their own costs[8]). While procedure before the Tribunal for the Law of the Sea is determined by the Tribunal itself[9] as a general code, each arbitration tribunal determines its own procedure, and the parties may even agree to determine procedure themselves.[10] General principles of procedure in respect to effect of non-appearance or failure of a party to defend its case, decision by majority, award, and a final and binding award correspond basically to those of the Tribunal for the Law of the Sea.[11] Even provisional measures may be prescribed by the arbitral tribunal.[12]

[1] Art. 287, Para. 1, 3, & 5,    
[2] AVII, Art. 3, Subpara. (a),    
AVII, Art. Subpara. (g)-(h),   
[4] AVII, Art. 3, Subpara. (b-d),    
[5] AVII, Art. 3, Subpara. (e),  
[6] AVI, Art. 2, Para. 1, 
[7] AVII, Art. 7,    
[8] AVI, Art. 19; AVI, Art. 34,   
[9] AVI. Art. 16,   
[10] AVII, Art.5,   
[11] AVII, Art.8-12; AVI,  Art. 24-33,   
[12] Art. 290, 
[13] AVIII, Art. 4,   
[14] AVII, Art. 2-3,  
[15] AVIII, Art. 5,   
[16] AVIII, Art. 5, Para.2,   
[17] AVIII, Art. 5, Para.3

Annex VIII - LINK: Full Text

 Special arbitration differs from arbitration in only two respects; consequently, the general provisions of Annex VII apply accordingly for procedure under Annex VIII.[13]

The arbitral tribunal is distinctive with respect to the lists of arbitrators. A list of highly-qualified arbitrators is to be prepared for each of the following subjects: (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping. The special arbitral tribunal is to consist of arbitrators who are preferably chosen from the list of experts relevant to the matter in dispute. Each party may nominate two members, and the parties nominate jointly the president. If there is no agreement, the UN Secretary-General makes the appointment.[14] The second distinction is a provision for a "fact-finding" procedure,[15] according to which the facts which gave rise to the dispute can be conclusively determined.[16] However, the parties to the dispute can agree that the results of the procedure have only the effect of recommendations which serve as the basis for review by the parties, just as they would have to agree to be bound by the findings.[17]   

[1] Art. 287, Para. 1, 3, & 5,    [2] AVII, Art. 3, Subpara. (a),    [3] AVII, Art. Subpara. (g)-(h),    [4] AVII, Art. 3, Subpara. (b-d),    [5] AVII, Art. 3, Subpara. (e),    [6] AVI, Art. 2, Para. 1,    [7] AVII, Art. 7,    [8] AVI, Art. 19; AVI, Art. 34,    [9] AVI. Art. 16,   [10] AVII, Art.5,    [11] AVII, Art.8-12; AVI,  Art. 24-33,    [12] Art. 290,    [13] AVIII, Art. 4,    [14] AVII, Art. 2-3,    [15] AVIII, Art. 5,    [16] AVIII, Art. 5, Para.2,   [17] AVIII, Art. 5, Para.3

Arbitration - Annex VII & VIII - UNCLOS 1982

Next page 94

Book published:
1988 Fairplay/UK,
2005 (reprint) by

Trafford Publishing,
1663 Liberty Drive Suite 200
Bloomington, IN 47403, Canada.

329 pages, ISBN 1-4120-7665-x;

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Bernaerts' Guide to the 
1982 United Nations
Convention on the Law of the Sea


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Bernaerts Guide -UNCLOS 1982

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Preface of the reprint in 2005

More than 15 years ago FAIRPLAY PUBLICATIONS Ltd, Coulsdon, Surrey, England, published the book "Bernaerts' Guide to the Law of the Sea - The 1982 United Nations Convention". The guiding potential of the book to find access to the Law of the Sea Convention is still given. Internet technology and publishing on demand invite to provide the interested reader and researcher with this tool again. Only the Status of the Convention (ratification etc) has been updated and instead of the Final Act, the book edition includes the "Agreement relating to the Implementation of Part XI of the United Nations Convention of the Law of the Sea" of 1994. The corresponding web site neither includes the text of the 1982 Convention, nor the Agreement of 1994. The thorough Index of the 1988 edition is reproduced without changes.
Arnd Bernaerts, October 2005,
Comments 1988-1990
___"an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea"
Satya N. Nandan, U.N. Undersecretay, in: Book Foreword, 1988
__"clearly presented" R.R. Churchill, in: Maritime Policy & Management 1989, p. 340
__"the (book's) concept, which is so wonderful simple, is exactly the factor which makes the book so useful for both the novice as well as the person with extensive experience"
M. Bonefeld, in: Verfassung und Recht, 1989, pp. 83-85
__"the work contains much useful background information…." R.W. Bentham, in: Journal of Energy & Natural Resource Law, 1989, p. 336
__"Bernaerts has saved us a struggle" JG, in: Fairplay Shipping Weekly Magazin, 13th October 1988, p. 33
__"this is probably the best edition on the Convention to put into the hands of students"
A.V. Lowe, in: Int'l and Comparative Law Quarterly 1990, p. 16
__"it will be an invaluable reference tool and should sit on the book shelves of policy makers and all others who are involved in maritime matters"
Vivian I. Forbes, in: The Indian Ocean Review, May 1990, p.10

Bernaerts’s Guide to the 1982 United Nations Convention on the Law of the Sea

FOREWORD of the 1988 edition
by Satya N. Nandan
Special Representative of the Secretary-General of the United Nations for the Law of the Sea Office for Ocean Affairs and the Law of the Sea

Revolutionary changes have taken place in the International Law of the Sea since 1945. The process of change was accelerated in the last two decades by the convening in 1973 of the Third United Nations Conference on the Law of the Sea. The protracted negotiations, spanning over a decade, culminated in the adoption of the United Nations Convention on the Law of the Sea in 1982. By 9 December 1984, the closing date for signature, 159 signatures were appended to the Convention, the largest number for any such multilateral instrument in the history of international relations.

The Convention, which was adopted as a comprehensive package, introduced a new equity in the relationship among states with respect to the uses of the ocean and the allocation of its resources. It deals, inter alia, with sovereignty and jurisdiction of states, navigation and marine transport, over flight of aircraft, marine pollution, marine scientific research, marine technology, conservation and exploitation of marine living resources, the development and-exploitation of marine non-living resources in national and international areas, and unique provisions dealing with the settlement of disputes concerning the interpretation and application of the new regime.

There is no doubt that as we approach the 21st century, more and more attention will be paid to the uses of the oceans and the development of their resources. It is important, therefore, that these developments should take place within a widely accepted legal framework so that there is certainty as to the rights and obligations of all states. The United Nations Convention on the Law of the Sea provides that framework. It establishes a standard for the conduct of states in maritime matters. It is thus a major instrument for preventing conflicts among states.

The convention and its annexes contain over 400 articles. For many it may be a formidable undertaking to grasp the substance and structure of it without making a considerable investment in time and energy. Mr Bernaerts' guide, therefore, is a welcome addition to the growing body of literature on the convention. It provides a most useful reference tool which will benefit administrators and policy makers, as well as scholars. It makes the convention accessible to the uninitiated and refreshes, at a glance, the memories of the initiated. With meticulous references and graphic presentations of the provisions of the convention, Mr Bernaerts has given to the international community an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea.
April 1988

PREFACE (extract) of the 1988 edition

The reader will be aware that the 1982 United Nations Convention on the Law of the Sea is the first constitution of the oceans, a ground-breaking document in many respects. He or she might also have made the discovery that the full text of the Convention is immediately accessible only to experts. If the Convention were only a treaty consisting of straightforward technical regulatory provisions, it could be left to them with a clear conscience. But the Convention is to a large extent a political document and, as such, is expected to influence significantly the development of relations among the states in the world community; for this reason, a wide-spread knowledge of the scope, goals, and regulatory framework of the Convention can only serve to further the aims of the document and would surely follow the intentions of the many men and women who made this Convention their life-work, such as Arvid Pardo (Malta), Hamilton Shirtey Amerasinghe (Sri Lanka), Tommy T. B. Koh (Singapore), and Satya N. Nandan (Fiji), to name only a few of the hundreds who worked on the preparation of this Convention.
As the reader uses the Guide (Part II), he will find that many provisions of the Convention are much easier to understand if one knows the basic framework within which a particular regulation is placed. The Guide aims to provide this framework, with reference to the text of the Convention and, in addition, t& the supporting Commentary of Part III, which describes the overall context of the major terms arid concepts. The Introduction of Part I sketches the historical background of the Convention and some of the general effects. A detailed index at the end of the book will be of assistance in finding specific subjects.


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