The European Union and the Pacific Settlement of Law of the Sea Disputes

Eduardo Jiménez Pineda

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Chapter 13 The European Union and the Pacific Settlement of Law of the Sea Disputes

In: The Presence of International Organizations in the Evolution of the International Law of the Sea

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Eduardo Jiménez Pineda

Eduardo Jiménez Pineda
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Type:: Chapter

Pages:: 314–336

DOI:: https://doi.org/10.1163/9789004716315_018

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Abstract

This chapter studies the European Union’s role in the peaceful settlement of the Law of the Sea disputes. As a State Party to the United Nations Convention on the Law of the Sea (thanks to its Annex IX), the European Union complies with its constitutional obligation to pacifically settles its disputes, even though it has not chosen any mean among the compulsory procedures established in UNCLOS article 287, i.e., ITLOS or arbitration (either according to annex VII or to annex VIII), not the ICJ since it does not enjoy ius standi. As the Mox Plant case pointed out, the European Union Law is a regional system in the sense of UNCLOS article 282 for the settlement of the maritime disputes between its Member States over the second section of UNCLOS Part XV. Finally, this paper concludes the peaceful and consensual approach of the European Union in light of its Law of the Sea disputes -reached in both cases negotiated solutions- and it highlights the contribution of the European Union to the evolution of the International Law of the Sea.

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The Presence of International Organizations in the Evolution of the International Law of the Sea

Thirty Years since the Entry into Force of UNCLOS

Series: Queen Mary Studies in International Law, Volume: 58

Cover The Presence of International Organizations in the Evolution of the International Law of the Sea

E-Book ISBN:: 9789004716315

Publisher:: Brill | Nijhoff

Print Publication Date:: 24 Feb 2025

Subjects
- Human Rights and Humanitarian Law
  - Humanitarian Law
- International Law
  - Law of the Sea

Front Matter

Part 1 Universal International Organizations

Part 2 Regional International Organizations and Institutionalized Cooperation Mechanisms

Part 3 European Union and the Oceans

Back Matter

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Chapter 13 The European Union and the Pacific Settlement of Law of the Sea Disputes

Abstract

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The Presence of International Organizations in the Evolution of the International Law of the Sea

Thirty Years since the Entry into Force of UNCLOS

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