International Law and Global Governance

Yee, En Route to the Final Shape of the UNCLOS Dispute Settlement System: Some Pivotal Negotiating Procedural Steps Worthy of Consideration by Future Treaty-makers and Leaders in Treaty-making, https://www.bigghgg.cn/p/yee2014.html

En Route to the Final Shape of the UNCLOS Dispute Settlement System: Some Pivotal Negotiating Procedural Steps Worthy of Consideration by Future Treaty-makers and Leaders in Treaty-making

Sienho Yee 

Author Notes

Chinese Journal of International Law, Volume 13, Issue 1, March 2014, Pages 185–202, https://doi.org/10.1093/chinesejil/jmu012



Abstract

This paper highlights several pivotal negotiating procedural steps that ultimately helped to promote the emergence of the final shape of the UNCLOS dispute settlement system. These steps include, for want of better phrasing, the following: (1) the package deal decision; (2) the consensus approach; (3) building consensus by privileging the best second choice; (4) building consensus by privileging the existing negotiating text through the rule of silence; and (5) failing consensus in the Negotiating Group, the Chairman presenting his own proposals as suggestions to the plenary. Needless to say, these steps are worthy of consideration by future treaty-makers and leaders in treaty-making when they are faced with complicated negotiating tasks, even if not as difficult as those during the monumental UNCLOS III.


Full text: https://doi.org/10.1093/chinesejil/jmu012

Chinese Society of International Law, in association with Chinese Institute of International Law at China Foreign Affairs University, and National Center for Foreign-related Rule of Law Research at China Foreign Affairs University
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