Citation

Nguyen, Quyen Mai and Nguyen, Linh Thao (2022) Disputes Emanating from the Infringement of Articles 74(3) and 83(3) and Optional Exception under Article 298(1)(a)(i) of the United Nations Convention on the Law of the Sea. Asian Journal of Law and Policy, 2 (2). pp. 39-55. ISSN 2785-8979

Text 44.pdf - Published Version Restricted to Repository staff only Download (454kB)

Abstract

Maritime delimitation, which ensures the jurisdiction exertion and effective use of maritime spaces of coastal States, never involves minimal efforts. In the transitional period pending the final delimitation agreement of overlapping areas in the exclusive economic zone or continental shelf, the United Nations Convention on the Law of the Sea (UNCLOS) sets out obligations for State Parties to take provisional measures under Articles 74(3) and 83(3). The violation of these obligations may lead to disputes between States that will potentially be brought before the compulsory dispute settlement procedure under UNCLOS. Whether disputes arising from the violation of Articles 74(3) and 83(3) fall into the scope of application of optional exception under Article 298(1)(a)(i) remained debatable. Accordingly, this research paper is conducted to analyse the separation and independence between the interim regime and maritime delimitation to support the opinion that disputes emanating from the infringement of Articles 74(3) and 83(3) are not disputes ‘relating to sea boundary delimitation’ under Article 298(1)(a)(i). This paper uses the doctrinal approach on the provisions in international treaties or conventions, international customary law, and decisions and awards of international courts and tribunals

Item Type:	Article
Uncontrolled Keywords:	: United Nations Convention on the Law of the Sea (UNCLOS), Interim regime, Optional exceptions, Article 74 UNCLOS, Article 83 UNCLOS, Article 298(1)(a)(i) UNCLOS
Subjects:	K Law > KZ Law of Nations
Depositing User:	Ms Nurul Iqtiani Ahmad
Date Deposited:	14 Apr 2023 01:37
Last Modified:	14 Apr 2023 01:37
URII:	http://shdl.mmu.edu.my/id/eprint/10705

Downloads

Edit (login required)