ABSTRACT
This final chapter presents three thought-models, aimed at assisting the applier of UNCLOS when considering a question of legal method in relation to the convention. Model 1 considers UNCLOS’ regulation in respect of its comprehensiveness, exhaustiveness and specificity. The concepts are used to assess how much of the regulatory space concerning a given fact-set is occupied by UNCLOS, and therefore, whether the convention must be seen as the main regulator of the case at hand or should be supplemented with other sources. Model 2 engages with the different interactional levels of regulation in UNCLOS and the regulatory system of which it forms the hub. It highlights that the same fact-set is often regulated in international treaties at the state-state, state-private and private-private levels, and that regulatory approaches at different levels might lend themselves as interpretative aids in case of uncertainties. Finally, Model 3 revisits the three-level approach presented in Chapter 1 and suggests that uncertainties in the application and interpretation of UNCLOS is approached with general conflict-of-laws questions and suggests a sequencing of these. The chapter concludes simply, by encouraging the scientific community to test whether the thought-models are sound.
