The United Nations Convention on the Law of the Sea (UNCLOS) constitutes an example of a living treaty and is open to external sources not incompatible with it. In the light of the case law of the International Tribunal for the Law of the Sea (ITLOS) and of the arbitral tribunals constituted in accordance with the UNCLOS, this Chapter will attempt to show that the “non-static” treaty connotation of the Convention derives, on the one hand, from some of its own clauses which, in various ways, provide for coordination with other rules of international law. And on the other hand from the central role that the Convention holds in the “legal order for the seas and the oceans”, established by the UNCLOS itself
Applicable Law and Evolutionary Interpretation of the "Legal Order for the Seas and the Oceans": the ITLOS and UNCLOS Arbitral Tribunals Experience
Virzo Roberto
2025-01-01
Abstract
The United Nations Convention on the Law of the Sea (UNCLOS) constitutes an example of a living treaty and is open to external sources not incompatible with it. In the light of the case law of the International Tribunal for the Law of the Sea (ITLOS) and of the arbitral tribunals constituted in accordance with the UNCLOS, this Chapter will attempt to show that the “non-static” treaty connotation of the Convention derives, on the one hand, from some of its own clauses which, in various ways, provide for coordination with other rules of international law. And on the other hand from the central role that the Convention holds in the “legal order for the seas and the oceans”, established by the UNCLOS itselfPubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
