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  1. 1 Prawo Morskie

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  1. 1 Lukaszuk L.

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  1. 1 2005

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Selected legal aspects of international maritime disputes

100%
Lukaszuk L.
Prawo Morskie
|
2005
|
vol. 21
25-60
EN
This paper addresses the legal aspects of and measures for resolving contemporary disputes regarding marine areas. The author describes issues related to resolving disputes in accordance with the United Nations Convention on the Law of the Sea of 1982. This system includes the following elements: the principles of the obligatory use of peaceful measures to resolve disputes and the principle of the freedom of the choice of peaceful measures by the parties. The freedom to choose resolution measures can be limited if previously applied measures, especially diplomatic ones, failed. The scale of these measures is described in the 1982 convention and range from the simplest to more complex measures. Thus, these measures range from those described in bilateral, regional, or common agreements, those agreed upon by diplomatic means to conciliation through arbitration and the courts. The International Tribunal for the Law of the Sea in Hamburg plays a key role in resolving international maritime disputes. However, the author states that the system for resolving such disputes is wide ranging and rather complicated.
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