Daily update August 2019

Thank you Madam Rena,

We have a suggestion on article 54, but to save time will include it with art 55. We will be submitting some draft text as a CR.P.

On article 54, we suggest that adding a provision that parties shall use their best endeavours to resolve any disputes by amicable means which may include referring a dispute of a technical matter to an ad hoc expert panel, which shall endeavour to resolve the dispute without recourse to binding procedures for the settlement of disputes.

For Article 55, we suggest provisions aimed at cost effective, non-confrontational settlement of disputes, starting with provisions from the Fish Stocks Agreement, again including an ad hoc expert panel to settle factual disputes, and we support the suggestion of Nauru for PSIDS on referral of disputes to a specialist ITLOS chamber, as well their proposal, supported by South Africa, for advisory opinions.

It is also important to include transparency in the provisions adopted here, as that is often not included, particularly with arbitration, where confidentiality is the norm.

We support Sri Lanka’s, Nigeria’s and China’s suggestions on arbitration for the reasons they gave as well.

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