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WorksheetsMUTIPLE CHOICES - GROUP 8
Total questions: 20
Worksheet time: 12mins
15. In essence, what does the Conciliation Commission do?
Investigating the facts surrounding the dispute
Reconciling the parties
Giving non-binding recommendations to parties
Making a binding decision on the dispute
16. Voluntary conciliation requires:
Mutual consent of the state parties
Only one party’s consent
Court approval
UN authorization
17. How effective is the conciliation report?
Legally binding and enforceable
Non-binding and depend on the parties’ cooperation
Only effective when approved by a court
Only effective when approved by a tribunal
18. The Conciliation Commission’s Decision on Competence is:
Subject to review by the disputing states
Only effective if both parties agree to its terms
Binding, even if a party objects
Non-binding, just like the conciliation report
1. What are the primary subjects of international maritime disputes?
International organizations
Maritime companies
States
Individual citizens
5. Under UNCLOS, States Parties must settle disputes regarding UNCLOS interpretation or application by:
Going straight to ITLOS
Peaceful means
Any method, including force
Using regional agencies first
6. According to UNCLOS, can States Parties use peaceful means outside the Convention?
No, they must follow the Convention.
Yes, if there is a legally binding agreement between the parties.
Yes, but only if the Convention is unclear.
Only if the dispute is not serious.
7. If parties agree to an alternative procedure under Article 282, when does it replace UNCLOS procedures?
Being approved by the UN Charter
Having a non-binding recommendation
Having a binding recommendation and allowing unilateral submission.
Excluding further UNCLOS procedures by all parties.
8. When can a dispute be brought before a court or tribunal under UNCLOS 1982?
After the Security Council's recommendation
When both parties submit a joint request
If no settlement has been reached through peaceful means
Only when three States are involved
10. According to UNCLOS, how many forms of negotiation, and what are they?
2 forms: Voluntary Negotiation, Mandatory 'Exchange of Views'.
1 form: Mandatory 'Exchange of Views'.
3 forms: Voluntary Negotiation, Mandatory 'Exchange of Views', Conditional negotiation.
2 forms: Voluntary Negotiation, Conditional negotiation.
19. Which of the following disputes between states CANNOT be resolved through compulsory conciliation?
Maritime delimitation over the overlapping zones between A and B
D refuses to let E drill into the continental shelf for research
F claimed that G deliberately avoids clarifying the harvesting capacity
C practiced military protocols in the territorial waters of V (C has excluded adjudication)
2. State A declares a sea area as its 'historic bay,' while State B objects. According to Article 298, what can State A do?
Nothing, as this does not fall under any exception.
Can declare this dispute excluded from compulsory dispute settlement procedures under the exception of Article 298.1.a.
Can only resolve it through the ICJ.
Must accept compulsory settlement.
9. States A and B are fighting about sovereignty over an island and have decided to bring this dispute to the UNCLOS dispute settlement mechanism. Which statement best describes this situation?
The UNCLOS dispute settlement mechanism is the default for all maritime disputes.
This action is permissible if both States A and B agree to use the UNCLOS mechanism for any maritime dispute.
The UNCLOS dispute settlement mechanism does not have jurisdiction over this dispute.
They can use the UNCLOS mechanism, but any decision would be non-binding.
11. When a dispute arises between State Parties concerning the interpretation or application of UNCLOS, what is the first mandatory procedural step the parties must take before invoking compulsory dispute settlement mechanisms?
Immediately initiate proceedings at the International Tribunal for the Law of the Sea (ITLOS).
Expeditiously proceed to an exchange of views regarding its settlement by negotiation or other peaceful means.
Immediately agree on the application of a compulsory dispute settlement measure.
Request a third-party mediator to facilitate conciliation.
12. Under Article 283 of UNCLOS, what is the primary purpose of the obligation to 'exchange views' between parties to a dispute?
To determine which State has stronger legal claims before submitting to a court.
To fulfill a formality that allows immediate access to compulsory dispute settlement.
To ensure both parties have the opportunity to peacefully resolve the dispute before resorting to legal action.
To delay the use of arbitration or judicial mechanisms as long as possible.
13. Country A unilaterally bans fishing vessels from Country B from operating in an area within its Exclusive Economic Zone (EEZ), which is under dispute between the two state parties. Country B initiates proceedings before an international tribunal without any prior negotiations or exchange of views with Country A. On what grounds could A challenge the admissibility of the case under UNCLOS?
Country A has full sovereign rights over its EEZ, so the ban is legal.
Country B has no standing to sue because it is not a UNCLOS party.
Country B violated Article 283 of UNCLOS by failing to exchange views in good faith.
Country B must seek permission from the UN before initiating arbitration.
3. States A and B had a maritime boundary dispute from 1980. State A ratified UNCLOS in 1996, State B in 2001. A new incident occurs in 2003 related to the same boundary area. State A argues that UNCLOS applies to the 2003 incident. State B claims the entire dispute predates both ratifications. What determines UNCLOS applicability?
The original 1980 dispute prevents any UNCLOS application.
UNCLOS applies only to post-2001 aspects since both states became parties then.
The 2003 incident is a new dispute subject to UNCLOS, regardless of historical context.
Both interpretations are valid, creating concurrent jurisdiction.
14. Within the UNCLOS dispute resolution framework, what legal consequences might arise if a State Party fails to conduct a 'good-faith exchange of views' as per Article 283 for subsequent legal proceedings?
The case will automatically proceed to the ICJ without objection.
The tribunal may declare the case inadmissible due to procedural non-compliance with UNCLOS requirements.
The State will be permanently barred from initiating any dispute resolution process under UNCLOS.
The case will be dismissed and referred to the United Nations General Assembly for mediation.
20. State A and State B had been fighting over their overlapping zones between the EEZ and continental shelf for years. They agreed to settle the matter through conciliation and form a Commission but chose conciliators not on the UNCLOS list maintained by the UN Secretary-General. Under Article 3 of Annex V of UNCLOS, is this allowed?
No, all conciliators must be selected from the official UNCLOS list.
Yes, as Article 3 allows parties to choose.
No, unless the UN Secretary-General approves the selection.
Yes, but only if both parties are permanent members of the UN.
4. State A's naval vessels conduct surveillance operations in State B's EEZ. State B detains the vessels, claiming a violation of its sovereign rights over the EEZ.
State B has made a declaration excluding certain EEZ disputes from compulsory settlement. State A seeks to invoke UNCLOS dispute settlement procedures against State B.
Can State B object to State A's invocation of UNCLOS dispute settlement?
No, because UNCLOS dispute settlement is compulsory and State A has the right to initiate proceedings for any maritime dispute.
Yes, because surveillance activities in the EEZ fall under coastal state jurisdiction and are excluded from compulsory dispute settlement under UNCLOS Article 298.
No, because naval vessels enjoy freedom of navigation in the EEZ, and detention of such vessels constitutes a clear violation of compulsory dispute settlement.
Yes, because disputes involving military activities are automatically excluded from UNCLOS dispute settlement procedures, and naval surveillance constitutes a military activity.
