Bernaerts' Guide _UNCLOS 1982
                    Details to the book and further online access below

FRONT
PAGE


 

 

 

 

 

 

 

 

 


Book page 62-63
Footnote numbering differs from book (Fn 1 to 20)

THE SEA-BED DISPUTES CHAMBER 
Section: Part XI, Articles 133-191

 ARTICLES 186-191 
Sea-Bed Dispute Chamber - UNCLOS 1982Disputes arising from deep-sea mining activities[27] in the Area are to be settled by compulsory procedures which basically do not give the parties a choice of courts or tribunals.[28] In interpreting or applying provisions related to the sea-bed Area and related Annexes, jurisdiction is to be exercised in such a manner as to ensure that rulings are uniform. The essential device for achieving this goal is the Sea-Bed Disputes Chamber, a special chamber of the Tribunal for the Law of the Sea.[29] This Tribunal elects eleven of its twenty-one members[30] to the Sea-Bed Disputes Chamber[31] for a three-year term; a quorum of seven members is required to constitute the Chamber. [32]The Chamber has jurisdiction in the following cases:  

(1) States parties in dispute may submit cases to a three-member ad hoc chamber formed from the members of the Sea-Bed Disputes Chamber[33] or to a special chamber of the Tribunal for the Law of the Sea;[34]

(2) Contractual disputes, including those involving the plan of work, with respect to in­terpretation or application[35] and financial terms in general and in particular with respect to transfer of technology[36] are to be submitted to binding commercial arbitration (if the parties to the dispute do not agree otherwise).[37] But tribunals for commercial arbitration have no jurisdiction on questions of the interpretation of the Area provisions and the Annexes; such questions must be referred to the Sea-Bed Disputes Chamber.[38] In summary: questions on interpretation of the Convention which are related to the interpretation of Part XI (Activities in the Area) cannot be referred to or decided by commercial arbitration;[39]  

(..) Footnnote-number in book
(1)
  [27] Art, 1, Subpara. 1(3),  
[28]
Art. 187; Art. 288, Para . 3; Art. 287, Para . 1,  
[29] Art. 287, Subpara. 1(a); Annex VI, Art. 35,    
[30]
Annex VI, Art. 2,   
[31]
Annex VI, Art. 35,   
[32] Annex VI, Art. 35, Para . 7,

(7)  [33] Art. 188, Subpara 1 (b); Annex VI, art. 36,   
[34] Art. 188, Subpara. 1(a); Annex VI, Art.15,  
[35] Art. 187, Subpara. (c)(i),  
[36] Annex III, Art. 13 (15); Art. 5, Para . 4, 
[37] Ibid; Art. 188, Para . 2,   
[38] Art. 188, Subpara. 2(a-b); Art. 288, Para . 3,   
[39] Ibid; Art. 286, 

(14)  [40] Art. 189,   
[41] Art. 159, Para . 8,    
[42]
Art. 159, Para . 10,    
[43]
Art. 191,   
[44] Part. XV, (Art. 289-296); Annex VI, Art. 40,   
[45] Art. 153, Para . 2(b); Annex III, Art. 4, Para . 3,   
[46] Art. 190, Para . 1,

(3) The Sea-Bed Disputes Chamber has no jurisdiction with regard to the exercise by the Authority of its discretionary powers; furthermore, it does not pronounce itself on the question of whether any rules, regulations, and procedures of the Authority are in conformity with the Convention, nor does it declare invalid any such rules, regulations, and procedures.[40] This limitation of the Chamber's jurisdiction should be regarded in light of the majority requirements for taking decisions on questions of substance in the Assembly[41] and of the possibility for the Assembly to request opinions from the Chamber.[42]  

The Chamber gives advisory opinions at the request of the Assembly or the Council on legal questions arising within the scope of their activities and treats such requests as matters of urgency.[43]

The procedure of the Sea-Bed Disputes Chamber is governed by the provisions applicable for the International Tribunal for the Law of the Sea.[44] In cases where a natural or judicial person is a party to a dispute, the sponsoring state[45] has the right to participate in the proceedings by submitting written or oral statements.[46]  


[27] Art, 1, Subpara. 1(3),  [28] Art. 187; Art. 288, Para . 3; Art. 287, Para . 1,   [29] Art. 287, Subpara. 1(a); Annex VI, Art. 35,    [30] Annex VI, Art. 2,   [31] Annex VI, Art. 35,    [32] Annex VI, Art. 35, Para . 7,   [33] Art. 188, Subpara 1 (b); Annex VI, art. 36,   [34] Art. 188, Subpara. 1(a); Annex VI, Art.15,   [35] Art. 187, Subpara. (c)(i),   [36] Annex III, Art. 13 (15); Art. 5, Para . 4,   [37] Ibid; Art. 188, Para . 2,    [38] Art. 188, Subpara. 2(a-b); Art. 288, Para . 3,   [39] Ibid; Art. 286,   [40] Art. 189,   [41] Art. 159, Para . 8,    [42] Art. 159, Para . 10,    [43] Art. 191,    [44] Part. XV, (Art. 289-296); Annex VI, Art. 40,    [45] Art. 153, Para . 2(b); Annex III, Art. 4, Para . 3,   [46] Art. 190, Para . 1,                    

Further Readings :  - Authority-Contractors (Layout).,     - Tribunal of the Law of the Sea. (Guide, Annex VI)

Next page 64-65

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;


Available via online-contributer 


 
 

            

 


 
Online – Edition
1988/2006

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

 In 
ENGLISH 

Click here

Bernaerts Guide -UNCLOS 1982

English and Russian
Click here


Link to ToC

 

 

 

 



 

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.

 

Last update 31 December 2012

Main Sites on Climate Change during World Wars
Book 2012: http://www.seaclimate.com/
Home:
http://www.ocean-climate-law.com/
Home: http://www.oceanclimate.de/

Arctic Warming 1919 – A World War I Issue
Books: http://www.arctic-heats-up.com/
Home: http://www.arctic-warming.com/

  Books 2005/06
Book 2005: http://climate-ocean.com/book%202012/index.html
Ditto (short version): http://www.warchangesclimate.com
 Booklet 2006: http://www.1ocean-1climate.com/
Booklet in Russian 2006: http://www.1okeah-1klimat.com
 
Brief
contributions
http://www.2007seatraining.de/
http://www.whatisclimate.com/


Reference SEA-LAW (UNCLOS) links :
http://www.bernaerts-sealaw.com , http://www.bernaerts-guide.de
http://www.bernaerts-guide-russian.de ,http://www.bernaerts-unclos.de

Material in German

Book: http://www.seatraining.de/
Home:  http://www.ozeanklima.de/
Miscellaneous
http://www.1ocean-1system.de/ , http://www.seatraining.net ,