THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND INTERNATIONAL MARITIME DISPUTE SETTLEMENT: PROBLEMS AND PROSPECT

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dc.contributor.authorAbdullahi, Abubakar Mukhtar
dc.date.accessioned2023-12-14T06:15:52Z
dc.date.available2023-12-14T06:15:52Z
dc.date.issued2019-05-01
dc.description.abstractInternational environmental law has evolved rapidly in recent decades and now constitutes a highly technical, sophisticated and distinctive sub-discipline of public international law that seeks to regulate a broad array of human activities affecting the international relations. It is clear, therefore, that the main challenge for peaceful international relations in the twenty-first century is not the development of ne\v rules but rather the effective implementation of the impressive body of law already in existence. This is a challenge of effective governance, requiring the design and operation of institutions that can promote the full and faithful observance by states of their commitments toward peaceful co-existence. A case in point is the peaceful resolution of the Nigeria and Cameroon border dispute over the oil-rich Bakassi Peninsula. That entire process of negotiation underscores the importance of international institutions in conflict resolution. International adjudication, comprising both arbitration and judicial settlement by international courts and tribunals, are arguably the institutions gaining increasing prominence in the contemporary internalional sphere. Numerous international courts and tribunals are now available to address a broad range of international disputes. One such court is the International Tribunal for the Law of the Sea (ITLOS) created by UNCLOS III of1982 as part of its compulsory third-parly dispute settlement system. This study is aimed at evaluating the role, impact, challenges and prospects of the ITLOS in the settlement of international maritime dispute together with its advantages settlement providedfor in UNCLOS III of1982. In order to achieve the set aim, the doctrinal approach was employed in the examination of the ITLOS and other dispute settlement mechanisms provided for UNCLOS III of1982, their rationale, weaknesses and the advantages of one over the other. This approach entails a detailed review of both primary and secondary sources such statues, international instruments, books, journals and relevant online resources. The findings of this study revealed that despite being under-utilized by states, In its twentythree years of existence the International Tribunal for the Law of the Sea has established a reputation for the expeditious and efficient management of cases, made a substantial contribution to the development of international law, has the competence and means to deal with a wide range of disputes, and is well equipped to discharge its functions speedily, efficiently and cost-effectively. The study therefore recommended that concerned states and other entities should make efforts to utilize the dispute settlement mechanisms as provided in the United Nations Convention on the Law of the Sea (III) of1982 to settle their disputes, and clarify grey areas of the law. This is so because the success or failure of the dispute settlement mechanisms mostly depends upon their actual use by states. other over forum for disputeen_US
dc.identifier.citationA DISSERTATION SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, NASARAWA STATE UNIVERSITY KEFFI, IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF DEGREE OF LLM IN INTERNATIONAL MARITIME LAWen_US
dc.identifier.urihttps://keffi.nsuk.edu.ng/handle/20.500.14448/5138
dc.language.isoenen_US
dc.publisherDepartment of Public and International Law, Nasarawa State University Keffien_US
dc.titleTHE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND INTERNATIONAL MARITIME DISPUTE SETTLEMENT: PROBLEMS AND PROSPECTen_US
dc.typeThesisen_US

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