1. Peaceful Settlement of International Disputes

Peaceful Settlement of International Disputes

Concept

Under UNCLOS, States Parties must settle disputes between them concerning the interpretation or application of the Convention by peaceful means. They must seek a solution through the means indicated in Article 33(1) of the UN Charter. The duty stated in Article 279 is therefore directed to disputes about UNCLOS, rather than every disagreement that may arise between States. (Art. 279, UNCLOS)¹

Governing provisions

Article 279 states the obligation of peaceful settlement. Article 286 addresses submission of an unresolved dispute to a court or tribunal, while Article 287 governs a State Party’s choice of procedure for disputes concerning the interpretation or application of UNCLOS. These provisions distinguish the duty to seek a peaceful solution from the procedure available when settlement has not been reached. (Art. 279, UNCLOS)¹ (Art. 286, UNCLOS)² (Art. 287, UNCLOS)³

Requisites / Rules

• For Article 286 to apply, the dispute must concern the interpretation or application of UNCLOS, and no settlement must have been reached by recourse to section 1. Subject to section 3, any party to the dispute may then request submission to a court or tribunal having jurisdiction under that section. (Art. 286, UNCLOS)²
• A State may choose one or more Article 287 procedures by written declaration when signing, ratifying, or acceding to UNCLOS, or at any time thereafter. The choices are the International Tribunal for the Law of the Sea, the International Court of Justice, an Annex VII arbitral tribunal, and an Annex VIII special arbitral tribunal for specified categories of disputes. (Art. 287, UNCLOS)³
• A State Party involved in a dispute not covered by a declaration in force is deemed to have accepted Annex VII arbitration. If the parties have not accepted the same procedure, the dispute may be submitted only to Annex VII arbitration, unless they otherwise agree. (Art. 287, UNCLOS)³

Distinctions

Where both parties have accepted the same procedure, the dispute may be submitted only to that procedure, unless they otherwise agree. Where they have not accepted the same procedure, Annex VII arbitration is the stated route, again subject to their agreement otherwise. A party’s declaration thus matters, but it must be considered alongside the other party’s accepted procedure. (Art. 287, UNCLOS)³

Key doctrines

Submission under Article 286 is not stated as the first step in every UNCLOS dispute: its text requires that settlement has not been reached by recourse to section 1 and makes the procedure subject to section 3. Article 287 then identifies the available forums and supplies a default arbitration procedure where the parties’ choices do not align. (Art. 286, UNCLOS)² (Art. 287, UNCLOS)³

Exceptions

The Article 287 rules directing parties to a shared procedure or to Annex VII arbitration expressly allow the parties to agree otherwise. A declaration choosing a procedure also does not affect the obligation to accept the Seabed Disputes Chamber’s jurisdiction to the extent and in the manner provided in Part XI, section 5. (Art. 287, UNCLOS)³

Bar tip

Identify the UNCLOS dispute and the attempt at settlement first; then check each party’s Article 287 declaration before naming the procedure. Do not assume that a unilateral choice of forum binds a party that accepted a different procedure. (Art. 286, UNCLOS)² (Art. 287, UNCLOS)³