Il sistema di soluzione delle controversie nell'Accordo BBNJ

The Chapter addresses the dispute settlement system of the BBNJ Agreement. It analyses its assonances and dystonias with the disputes settlement systems of other international agreements subsequent to the United Nations Convention on the Law of the Sea (UNCLOS). The latter usually provide for a mutatis mutandis application of Part XV of UNCLOS. Article 60 BBNJ states instead that «[d]isputes concerning the interpretation or application of this Agreement shall be settled in accordance with the provision for the settlement of disputes provided for in Part XV of [UNCLOS]». Quite apart from the manner in which it refers to PART XV UNCLOS, the BBNJ is to be ascribed to the category of agreements that place reliance on the UNCLOS dispute settlement system. The Chapter therefore also addresses the possible reasons for such favor.