Should the invocation of paragraph 5(a) of annex I to the CLCS rules of procedure result in an automatic deferral of the consideration of a submission?

Ki Beom Lee

Research output: Contribution to journalArticlepeer-review

3 Citations (Scopus)

Abstract

It is debatable whether the invocation of Paragraph 5(a) of Annex I to the CLCS Rules by a third State other than the State(s) submitting the Information automatically results in the deferral of the consideration of a Submission by the CLCS. The CLCS appears to regard itself as a simply functioning body that only inspects the invocation of Paragraph 5(a) of Annex I. However, the CLCS is highly capable of helping to resolve disputes or matters relating to delimitation by making Recommendations regarding delineation prior to delimitation in specific cases. Therefore, an automatic deferral of the consideration of a Submission resulting from the invocation of Paragraph 5(a) of Annex I to the CLCS Rules implies that the CLCS denies its responsibility under the 1982 UNCLOS.

Original languageEnglish
Pages (from-to)605-619
Number of pages15
JournalChinese Journal of International Law
Volume13
Issue number3
DOIs
Publication statusPublished - 2014 Sep 1

Bibliographical note

Publisher Copyright:
© The Author 2014. Published by Oxford University Press. All rights reserved.

All Science Journal Classification (ASJC) codes

  • Political Science and International Relations
  • Law

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