ENB:07:54 [Next] . [Previous] . [Contents]

PART VIII - PEACEFUL SETTLEMENT OF DISPUTES

ARTICLE 27 - OBLIGATION TO SETTLE DISPUTES BY PEACEFUL MEANS: In this Article, States are obligated to settle disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, consultation with regional agencies, or other peaceful means of their own choosing.

ARTICLE 28 - PREVENTION OF DISPUTES: This Article provides that all States must cooperate in order to prevent disputes and shall effectuate this aim by agreeing on expeditious decision-making procedures within regional and subregional fisheries management organizations and arrangements to strengthen existing decision-making procedures.

ARTICLE 29 - DISPUTES OF A TECHNICAL NATURE: States may refer disputes of a technical nature to an ad hoc panel established by the States concerned. Such a panel is to work with the involved States to resolve the matter expeditiously, without recourse to binding dispute settlement procedures.

ARTICLE 30 - SETTLEMENT OF DISPUTES: In this Article, Part XV of UNCLOS applies to all disputes between States Parties to the Agreement concerning the interpretation or application of the Agreement or of subregional, regional or global fisheries agreements related to SFS or HMFS to which they are a party, regardless of whether they are parties to UNCLOS. Article 30 also provides that the dispute resolution provisions of Article 287 of UNCLOS shall apply to all States Parties to the Agreement unless at the time of ratification of the Agreement, or any time thereafter, the State submits a declaration accepting an alternative means of dispute settlement. This holds true regardless of whether the State is a party to UNCLOS. Any court or tribunal to a which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention as well as any relevant subregional, regional or global fisheries agreements or any other generally accepted standards for the conservation and management of living marine resources under this Agreement, provided they are compatible to UNCLOS.

ARTICLE 31 - PROVISIONAL MEASURES: Pending the settlement of a dispute in accordance with the measures found in the Agreement, Parties are to make every effort to adopt provisional arrangements that are practical. The court or tribunal entertaining the dispute may prescribe appropriate provisional measures without prejudice to Article 290 of UNCLOS.

ARTICLE 32 - LIMITATIONS ON APPLICABILITY OF PROCEDURES FOR THE SETTLEMENT OF DISPUTES: This Article states that Article 297, paragraph 3 of UNCLOS applies to the Agreement.

[Return to start of article]