Panel II: Choice of Means of Dispute Settlement in the Law of the Sea

Value of the Information & Strength of the Argument

The panel provides valuable insights into the practical operation of UNCLOS dispute settlement, drawing on the direct experience of a negotiator and a scholar. Oxman’s argument that the system’s primary goal is compulsory jurisdiction, not forum choice, is well-supported by historical context and case law. Klein’s analysis of the Timor-Leste conciliation offers a concrete example of how compulsory conciliation can work, highlighting its potential and limitations. The argumentation is solid, with references to specific treaty articles and cases, though it is primarily based on expert opinion rather than empirical data.

Scientific Rigor, Source Quality, Title Accuracy

The panel demonstrates high scientific rigor, with speakers citing specific articles of UNCLOS, relevant case law (e.g., Bay of Bengal, Arctic Sunrise), and the 1994 Implementation Agreement. The sources are authoritative, including the speakers’ own involvement in negotiations. The title accurately reflects the content, which focuses on the choice of dispute settlement means. The discussion is well-structured and stays on topic, with minimal digressions.

The title accurately reflects the panel's focus on the choice of dispute settlement means under UNCLOS, with detailed analysis of Article 287 and related provisions.

8/10

The panel features renowned experts in the law of the sea, including a key negotiator of UNCLOS, providing authoritative insights. The discussion is grounded in legal texts and case law, but as a panel discussion, it reflects expert opinions rather than peer-reviewed research.

Markers derived by PSI from the transcript: the creator did not define chapters.

• 02:00Introduction by Chair Tullio Treves, outlining the panel's focus on less-known aspects of dispute settlement.
• 10:00Oxman discusses the primary function of Part XV: providing consent to jurisdiction, and the secondary role of forum choice.
• 20:00Oxman recounts the negotiation history, including France's insistence on arbitration and the creation of ITLOS.
• 30:00Oxman explains the flexibility of forum selection, including the possibility of transferring disputes to ITLOS by agreement.
• 40:00Oxman discusses the consistency of maritime delimitation jurisprudence across ICJ, ITLOS, and arbitration tribunals.
• 50:00Klein begins her presentation on the Timor-Leste compulsory conciliation, providing background on the Timor Sea dispute.
• 1:00:00Klein explains the conditions for compulsory conciliation under Article 298 and Annex V.
• 1:10:00Klein discusses the outcome of the conciliation and its implications for future disputes.
• 1:20:00Panel discussion and Q&A session, addressing questions from the audience.

• UN Convention on the Law of the Sea (UNCLOS) — The primary treaty discussed, particularly Part XV on dispute settlement.
• Max Planck Institute Luxembourg - Conference page — The conference page providing more information about the event.

• UNCLOS Part XV — The legal framework for dispute settlement, consistent with the panel's discussion.

• Southern Bluefin Tuna Arbitration