Abstract
This paper makes an effort to draw a comparative study between judicial process and arbitration as the method of maritime boundary dispute settlement. Currently, maritime boundary dispute between states is a much talked issue all over the World. The United Nations Convention on the Law of the Sea refers four means of maritime dispute settlement. Arbitration and Judicial processes are mainly two of them. According to the Convention every state has the right to choose one of the four means to settle their dispute. Practices show that Arbitration and Judicial settlement are more popular than any other methods of maritime boundary dispute settlement. Most of the previous maritime boundary disputes have been settled either by judicial process or by Arbitration. The present paper attempts to compare between arbitration and Judicial process as the means of maritime boundary dispute. In addition, many of the concepts mentioned in this paper may use to understand about the peaceful settlement of maritime boundary dispute.
Highlights
This paper makes an effort to draw a comparative study between judicial process and arbitration as the method of maritime boundary dispute settlement
Practices show that Arbitration and Judicial settlement are more popular than any other methods of maritime boundary dispute settlement
Arbitration and Judicial process are two of the different methods of maritime boundary dispute according to United Nations Convention on the Law of the
Summary
The convention provides for the process of delimitation of different maritime zones between states shall be affected by agreement on the basis of international law in order to achieve an equitable solution. This provision directs the parties to the dispute to take initiative between them and make an agreement equitably first. It does not provide any definite delimitation procedure to be followed. If the party to the dispute fails to reach an agreement they can move towards the dispute settlement procedure under the law of the Sea convention stated in part XV of the convention. The purpose of the present paper is to seek attention to the comparative discussion in brief between arbitration and judicial settlement of maritime boundary dispute
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