Practice question
Two UNCLOS parties have accepted different Article 287 dispute-settlement procedures. Assume Part XV's other requirements are satisfied, no relevant limitation or exception bars the dispute, and they have not agreed otherwise. What does Article 287(5) provide?
- The dispute is forever incapable of settlement.
- Submission is to Annex VII arbitration.
- Either State may impose any national court on the other.
- The dispute automatically becomes an ICC criminal case.
- Only the claimant's preferred procedure can apply.
Legal references
- UNCLOS, Part XV, Articles 286–288 and 296; Annex VII, Articles 3, 9 and 11, https://www.un.org/depts/los/convention_agreements/texts/unclos/part15.htm ; https://www.un.org/depts/los/convention_agreements/texts/unclos/annex7.htm
- PCA, UNCLOS arbitration framework, https://pca-cpa.org/en/services/arbitration-services/unclos/
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