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1 - Introduction and Theoretical Framework

Published online by Cambridge University Press:  02 February 2023

Lan Ngoc Nguyen
Affiliation:
Universiteit Utrecht, The Netherlands
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Summary

This chapter begins with a brief overview of the UNCLOS dispute settlement system established under Part XV UNCLOS. It then provides a conceptual framework for understanding what is meant by ‘development of the law’ by international courts and tribunals in order to set the stage for an analysis of the development of the law of the sea in the subsequent chapters. The chapter suggests a working definition of the term ‘development of the law’ and explains the ways in which international courts and tribunals ‘develop the law’. In the course of doing so, the chapter also explores the role of legal reasoning in the assessment of the contribution of judicial decisions to the development of international law.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Introduction and Theoretical Framework
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980296.003
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  • Introduction and Theoretical Framework
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980296.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction and Theoretical Framework
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980296.003
Available formats
×