United Nations Convention on the Law of the Sea (1982) is maybe the
most important global convention just because it deals with world’s largest
resource. Whereas it is most probable and inevitable that, world’s largest
resource, its waters is the very potential area for the emergence of disputes.
In regard to these disputes, by the virtue of peaceful settlement of
international disputes regime created by charter, UNCLOS in Part XV has
established a settlement of disputes mechanism. Part XV foresees a wide range
of dispute settlement method from diplomatic settlement methods such as
diplomatic negotiations, mediation, good office, enquiry or conciliation to
binding jurisdictional methods. It is another importance of the UNCLOS is the
creation of an International tribunal for the law of the Sea disputes
(ITLOS). ITLOS’s main function is to
adjudicate disputes arising out of the interpretation and application of the
Convention. Beyond ITLOS the part XV recognizes other binding adjudication
methods such as settlement of disputes by international court of justice or by
arbitration courts. The paper therefore firstly outline the essential features
of the dispute settlement mechanism put forward by the UNCLOS III, and then
will conclude by questioning why a complex, but flexible dispute settlement
mechanism needed under UNCLOS III.
