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determine at the request of a party, or may determine proprio motu, whether
the claim constitutes an abuse of legal process or whether prima facie it is
well founded. If the court or tribunal determines that the claim constitutes an
abuse of legal process or is prima facie unfounded, it shall take no further
action in the case.
2. Upon receipt of the application, the court or tribunal shall
immediately notify the other party or parties of the application, and shall fix
a reasonable time-limit within which they may request it to make a
determination in accordance with paragraph 1.
3. Nothing in this article affects the right of any party to a dispute to
make preliminary objections in accordance with the applicable rules of
procedure.
Article 295
Exhaustion of local remedies
Any dispute between States Parties concerning the interpretation or
application of this Convention may be submitted to the procedures provided
for in this section only after local remedies have been exhausted where this
is required by international law.
Article 296
Finality and binding force of decisions
1. Any decision rendered by a court or tribunal having jurisdiction
under this section shall be final and shall be complied with by all the parties
to the dispute.
2. Any such decision shall have no binding force except between the
parties and in respect of that particular dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS
TO APPLICABILITY OF SECTION 2
Article 297
Limitations on applicability of section 2
1. Disputes concerning the interpretation or application of this
Convention with regard to the exercise by a coastal State of its sovereign
rights or jurisdiction provided for in this Convention shall be subject to the
procedures provided for in section 2 in the following cases:
(a) when it is alleged that a coastal State has acted in contravention
of the provisions of this Convention in regard to the freedoms
and rights of navigation, overflight or the laying of submarine
cables and pipelines, or in regard to other internationally lawful
uses of the sea specified in article 58;
(b) when it is alleged that a State in exercising the aforementioned
freedoms, rights or uses has acted in contravention of this
Convention or of laws or regulations adopted by the coastal
State in conformity with this Convention and other rules of
international law not incompatible with this Convention; or
(c) when it is alleged that a coastal State has acted in contravention
of specified international rules and standards for the protection
and preservation of the marine environment which are
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