JEAIL > Volume 14(1); 2021 > Issue Focus
Research Paper
Published online: May 30, 2021

Compulsory Dispute Settlement Entailing Binding Decisions under the UNCLOS: Its Applicability to the Case of Vietnam

Ngo Huu Phuoc
Faculty of Economic Law, VNUHCM-University of Economics and Law Quarter 3, Linh Xuan Ward, Thu Duc City, Ho Chi Minh City 700000, Vietnam.
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ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Hybrid dispute settlement mechanism is one of the characteristics of the UNCLOS. It is the combination of diplomatic measures and judicial proceedings. Among them, the ITLOS established in accordance with Annex VI, and two types of arbitral tribunal constituted in accordance with Annexes VII and VIII are means for the disputes settlement firstly regulated in the UNCLOS. Especially, according to Article 287, an arbitral tribunal constituted under Annex VII has default jurisdiction in case one or both parties to a dispute are not covered by a declaration in force, or the parties to a dispute have not accepted the same procedure for the settlement of the dispute. These means of dispute settlement have supplemented and enhanced the source of law for international dispute resolution more diversified. This paper clarifies some aspects of compulsory procedures entailing binding decisions under the UNCLOS, evaluates the applicability of these procedures to the case of Vietnam in the disputes settlement on interpretation or application of the UNCLOS raising among countries in the South China Sea.

Keywords : UNCLOS, Dispute Settlement, ICJ, ITLOS, Arbitration, Vietnam

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