Satisfying the Procedural Prerequisites to the Compulsory Dispute Settlement Mechanisms of the 1982 Law of the Sea Convention: Did the Southern Bluefin Tuna Tribunal Get It Right?

摘要: The compulsory dispute settlement regime included in the 1982 Law of Sea Convention is recognized as one most comprehensive a modern international convention. Yet, recent application this regime, question has arisen to whether procedural prerequisites associated with LOS Convention's mechanism are so arduous avoid binding and jurisdiction instances. This article addresses that by examining, particular, reasoning Southern Bluefin Tuna arbitration tribunal, which found Article 281 Section 1 bar prescribed Convention, offers suggestions how states might distinguish or overcome barriers imposed tribunal future cases.