5.2 Dispute settlement
Recommendation | Responsible body | Activities to date | Status |
---|---|---|---|
5.2.1 The CCAMLR dispute settlement mechanisms appear to be unsatisfactory. There is an urgent need to take action to address this situation. In this regard, the binding procedures for dispute settlement set out in Part XV of UNCLOS could be considered by CPs in a two-fold manner:
|
Commission |
No apparent action |
Commission – not yet considered |
5.2.2 The Annex for an Arbitral Tribunal appended to the Convention contains some particularities that should be maintained, notably with regard to other Parties’ intervention in the proceedings (Articles 4 and 5 of the Annex). Given the particular nature of the obligations at stake, which are of common interest, this particularity of the system is to be commended and should be maintained. | Commission | No change has been proposed | Commission – not yet considered |
5.2.3 As mentioned above (Criterion 4.1.1), in matters related to the interpretation or application of CMs, the establishment of a panel constituted by independent experts as a subsidiary organ of CCAMLR, with capacity to adopt binding decisions, should be envisaged. The possibility of casting a decision by such a panel through a ‘negative’ consensus of CCAMLR, following the WTO dispute settlement mechanism, could also be envisaged as a possible alternative. | Commission | No formal consideration | Commission – not yet considered |
1 See Article 287, paragraphs 3 and 5 of UNCLOS: www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm
2 See Article 290 of UNCLOS: www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm