| Publication |
2014.
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| Summary/Abstract |
This paper highlights several pivotal negotiating procedural steps that ultimately helped to promote the emergence of the final shape of the UNCLOS dispute settlement system. These steps include, for want of better phrasing, the following: (1) the package deal decision; (2) the consensus approach; (3) building consensus by privileging the best second choice; (4) building consensus by privileging the existing negotiating text through the rule of silence; and (5) failing consensus in the Negotiating Group, the Chairman presenting his own proposals as suggestions to the plenary. Needless to say, these steps are worthy of consideration by future treaty-makers and leaders in treaty-making when they are faced with complicated negotiating tasks, even if not as difficult as those during the monumental UNCLOS III.
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