Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

DEVICES TO FACILITATE CONSENSUS: THE EXPERIENCE OF THE LAW OF THE SEA CONFERENCE

DEVICES TO FACILITATE CONSENSUS: THE EXPERIENCE OF THE LAW OF THE SEA CONFERENCE by 1. Decision-making by consensus is a well-established practice in the United Nations organs and committees, as well as in other international organizations 1. Only in the Third United Nations Conference on the Law of the Sea Z, ho- wever, consensus has been given official status in the rules of procedure of a diplomatic Conference aimed at codifying a sizable part of international law 3. The problems the Law of the sea Conference had to face while devising its own decision-making procedures were twofold. On the one hand, as in all conferences, a mechanism was to be provided in order to reach decisions on procedural as well as on substantive matters, without allowing too much room for delaying tactics and vetoes by minorities. On the other hand, the very nature of the subject-matter of the Conference had its own exigencies pointing in a different direction. Majorities and minorities, as well as traditional groupings of States, have a particular meaning as far as the law of the sea is concerned'. It is difficult to deny that a convention on the law of the sea will not be workable unless the small minority of States whose flag is flown by http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

DEVICES TO FACILITATE CONSENSUS: THE EXPERIENCE OF THE LAW OF THE SEA CONFERENCE

The Italian Yearbook of International Law Online , Volume 2 (1): 22 – Jan 1, 1976

Loading next page...
 
/lp/brill/devices-to-facilitate-consensus-the-experience-of-the-law-of-the-sea-y27vnT1RMo

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161376X00038
Publisher site
See Article on Publisher Site

Abstract

by 1. Decision-making by consensus is a well-established practice in the United Nations organs and committees, as well as in other international organizations 1. Only in the Third United Nations Conference on the Law of the Sea Z, ho- wever, consensus has been given official status in the rules of procedure of a diplomatic Conference aimed at codifying a sizable part of international law 3. The problems the Law of the sea Conference had to face while devising its own decision-making procedures were twofold. On the one hand, as in all conferences, a mechanism was to be provided in order to reach decisions on procedural as well as on substantive matters, without allowing too much room for delaying tactics and vetoes by minorities. On the other hand, the very nature of the subject-matter of the Conference had its own exigencies pointing in a different direction. Majorities and minorities, as well as traditional groupings of States, have a particular meaning as far as the law of the sea is concerned'. It is difficult to deny that a convention on the law of the sea will not be workable unless the small minority of States whose flag is flown by

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 1976

There are no references for this article.