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Natalie Klein

Abstract

This article examines the interaction under LOSC of the powers of international courts and tribunals to order binding provisional measures and the obligation of states to make every effort to enter into provisional arrangements pending the delimitation of a maritime boundary. The importance of provisional measures or arrangements in delimiting maritime boundaries, previous state and judicial practice related to provisional arrangements and measures, and the relevant substantive and procedural rules under LOSC are all explored as a means of explaining how courts and tribunals should exercise their powers of ordering provisional measures when provisional arrangements are required. It is argued here that an international court or tribunal should exercise caution in order to ensure that the procedural mechanism complements, rather than conflicts with, the substantive obligation. To this end, provisional measures entailing recommendations, duties of cooperation and obligations of non-aggravation are to be preferred.

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Natalie Klein

The South China Sea Arbitration raises important questions about the potential operation of the dispute settlement system enshrined in Part xv of the United Nations Convention on the Law of the Sea (losc). This article explores the scope and different limitations that we are seeing in the interpretation of the losc dispute settlement regime with a particular focus on the South China Sea Arbitration. This examination questions the contours of the losc Part xv dispute settlement regime and its utility in resolving disputes relating to the South China Sea.

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Resolving Conflicts in the Law

Essays in Honour of Lea Brilmayer

Edited by Chiara Giorgetti and Natalie Klein

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the work of Professor Lea Brilmayer whose intellectual contribution and influence span scholarly debate and the practice of both public and private international law. The book’s essays are from leading international law scholars and practitioners in the field—including Michael Reisman, Stephen Schwebel, Erin O’Connor O’Hara, John Crook, Philippa Webb, Kermit Roosevelt, Harold Koh—and reflect on contemporary and cutting-edge questions of international law. Each contribution enriches and advances scholarly debate on topics of law for which Lea Brilmayer is well known, including: international dispute settlement; conflicts of law; international relations theory; secession and territorial and maritime sovereignty.
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Series:

Erika J. Techera and Natalie Klein