This excellent book is by Lan Ngoc Nguyen, who has a long-standing interest in the UNCLOS dispute settlement system and has published widely on issues related to the law of the sea and dispute settlement.
The book is organised into seven chapters, each presenting a distinct perspective on the development of the law of the sea. Chapter 1 provides an interesting insight regarding the role of UNCLOS dispute settlement bodies. The key idea of this chapter is to introduce the readers to the basic understanding of the UNCLOS dispute settlement system and a conceptual framework for understanding the “development of law” by international courts and tribunals. Chapter 2 presents a comprehensive analysis of the UNCLOS tribunals’ decisions on coastal rights and obligations in the EEZ. For instance, the author holds that the UNCLOS tribunal could provide clarity and much-needed guidance on bunkering activities and the confiscation of vessels even though these activities are not explicitly regulated under UNCLOS (at 64).
Chapter 3 discusses the different aspects of the flag state’s rights and obligations under UNCLOS. In particular, it provides a detailed analysis of the contested issue of a genuine link. Even though the UNCLOS tribunals could not provide a conclusive answer as to whether such a concept could exist (at 73), nonetheless, the UNCLOS tribunals have confirmed the flag state’s sole discretion in granting the nationality of ships (at 101). Chapter 4 focuses on maritime entitlement and maritime delimitation. For instance, a detailed examination of entitlement to the outer continental shelf is among the contributions of the UNCLOS tribunals (at 152). Chapter 5 analyses the rules regarding the protection of the marine environment. The main takeaway from this chapter is that UNCLOS tribunals have adopted an evolutionary interpretation of the general obligation to protect and preserve the marine environment (at 192).
Chapter 6 explores procedural rules in dispute settlement in relation to contentious jurisdiction and advisory jurisdiction. The key takeaway is that UNCLOS tribunals have generally demonstrated a propensity to confirm, rather than decline, their jurisdiction (at 245). This is important for UNCLOS tribunals because it could increase the opportunity to develop the law of the sea (at 246). Chapter 7 summarises the contributions of the dispute settlement mechanisms to UNCLOS. Specifically, these include the types of contribution, the areas of contribution, and the interpretative method employed by UNCLOS tribunals.
This book provides a comprehensive study of the contributions of the UNCLOS dispute settlement bodies to the development of the law of the sea. Although the scope of this book is limited to selected areas of the law of the sea, it serves as a key resource for lecturers, students, and practitioners of the law of the sea due to its lucid explanation and thoughtful analysis.
Competing interests
The author declares none.
