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BANKES, NIGEL
(4)
answer(s).
Srl
Item
1
ID:
156859
Compulsory and binding dispute resolution under the United Nations convention on the law of the sea: introduction
/ Jensen, Oystein; Bankes, Nigel
Jensen, Oystein
Journal Article
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Key Words
UN
;
Dispute resolution
;
Convention of the Law of the Sea
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2
ID:
188218
Jurisdiction of the Dispute Settlement Bodies of the Law of the Sea Convention With Respect to Other Treaties
/ Bankes, Nigel
Bankes, Nigel
Journal Article
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Summary/Abstract
Part XV of the United Nations Convention on the Law of the Sea (UNCLOS) establishes a system for compulsory and binding dispute resolution. Article 288(2) of UNCLOS allows the dispute resolution system of Part XV to be used by the parties to another international agreement in accordance with the terms of that other agreement, as long as that agreement is related to the purposes of UNCLOS. This article examines the treaty practice under Article 288(2) to assess how those other agreements (which are mostly regional fisheries management organization agreements) provide for access to Part XV. The article examines these agreements within the following analytical framework: (1) Are these agreements related to the purposes of UNCLOS? (2) What jurisdiction, ratione materiae, do the agreements confer on the court or tribunal? (3) How do the agreements provide for submission? (4) How do the agreements deal with applicable law issues? (5) How do the agreements deal with the availability of provisional measures?
Key Words
Dispute resolution
;
Law of the Sea Convention
;
Jurisdiction Ratione Materiae
;
Regional fisheries management organization (RFMO) agreements
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3
ID:
156861
Precluding the applicability of section 2 of part XV of the law of the sea convention
/ Bankes, Nigel
Bankes, Nigel
Journal Article
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Key Words
Arbitration
;
Law of Sea Convention
;
Compulsory and Binding Dispute settlement
;
Southern Bluefin Tuna Award
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4
ID:
145651
Regime for transboundary hydrocarbon deposits in the maritime delimitation treaties and other related agreements of arctic coast
/ Bankes, Nigel
Bankes, Nigel
Journal Article
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Summary/Abstract
This article assesses the treaty practice of the five Arctic Ocean coastal states and Iceland in dealing with the issue of transboundary hydrocarbon deposits as part of the conclusion of maritime delimitation and other related agreements. That practice suggests a number of different ways in which states deal with the issue of hydrocarbon deposits bisected by a maritime delimitation: (1) silence, (2) a standard unity of deposit clause, (3) more complex variations on the standard clause including framework agreements for the development of transboundary deposits, and (4) a delimitation line with some form of joint development zone. This article assesses the Arctic state practice within this typology seeking to supplement the existing literature which tends to focus on the North Sea and Southeast Asia.
Key Words
Arctic States
;
Transboundary Hydrocarbon Deposits
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