ITLOS and other international dispute settlement institutions for law of the The bulk of the Statute deals with the organization of the ITLOS. The International Tribunal for the Law of the Sea (ITLOS) is an intergovernmental organization created by the mandate of the Third United Nations Conference. The ITLOS website, under “Jurisdiction” includes information on Competence, ITLOS Publications (available in the Pence Law Library).
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The Tribunal shall form a chamber for dealing with a particular dispute submitted to it if the parties so request. In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.
It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition. From Wikipedia, the free encyclopedia. In particular it shall lay down rules of procedure.
International Tribunal for the Law of the Sea
The members of the Tribunal shall continue to discharge their duties until their places have been filled. At least three months before the date of the election, the Secretary-General of the United Nations in the case of the first election and the Registrar of the Tribunal in the case of subsequent elections shall address a written invitation to the States Parties to submit their nominations for members of the Tribunal within two months.
No member of the Tribunal may act as agent, counsel or advocate in any case. Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision: The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the workload of the Tribunal.
: Basic Texts and Other Documents
They shall participate in the decision on terms of complete equality with their colleagues. One of the most important parts of the Convention concerns the exploration for and exploitation of the resources of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction the Area.
Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. The composition of such a chamber shall be determined by the Seabed Disputes Chamber with the approval of the parties. States and international organisations which are parties to the Convention. The members of the Tribunal whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General of the United Nations immediately after the first election.
The Convention entered into force on November 16,and established an international framework for law over “all ocean space, its uses and resources”. Reports of Judgments, Advisory Opinions, and Orders. The Tribunal may sit and exercise its functions elsewhere whenever it considers this desirable. List of Official Court Publications. The other sections of this Annex which are not incompatible with this section apply to the Chamber.
The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured.
Written by, or adapted from, Vanderbilt University Libraries current as of In the case of the resignation of a member of the Tribunal, the letter of resignation shall be addressed to the President of the Tribunal. In either case, the subject of the dispute and the parties shall be indicated. The members of the Tribunal shall be elected from the list of persons thus nominated. Each elected member of the Tribunal shall receive an annual allowance and, for each day on which he exercises his functions, a special allowance, provided that in any year the total sum payable to any member as special allowance shall not exceed the amount of the annual allowance.
If neither is able to preside, the senior judge present of the Tribunal shall preside. In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this Annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.
It contains, among other things, provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. Part XV of the Convention lays down a comprehensive system for the settlement of disputes that might arise with respect to the interpretation and application of the Convention.
Only citations are provided for the most recent 2 years. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law. The decisions of the Chamber shall be enforceable in the territories of the States Parties in the same manner as judgments or orders of the highest court of the State Party in whose territory the enforcement is sought.
Elections shall be held at a meeting of the States Parties convened by the Secretary-General of the United Nations in the case of the first election and by a procedure agreed to by the States Parties in the case of subsequent elections.
Annex VI. Statute of the International Tribunal for the Law of the Sea (UNCLOS)
The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.
Disputes are submitted to the Tribunal, as the case may be, either by notification of a tilos agreement or by written application, addressed to the Registrar. If, for some special reason, a member of the Tribunal considers that he should not take part in the decision of a particular case, he shall so inform the President of the Tribunal. Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request to the Tribunal to be permitted to intervene.
They shall be subject to review and revision by the Tribunal. It requires States Parties to settle their disputes concerning the interpretation or application of the Convention by peaceful means indicated in the Charter of the United Nations. The composition of such a chamber shall be determined by the Tribunal with the approval of the parties. Itos ” Arctic Sunrise ” Case. The stxtute of the Tribunal statue be elected for nine years and may be re-elected; provided, however, that of the members elected at the first election, the terms of seven members shall expire at the end of three years and the terms of seven more members shall expire at the end of six years.
The Tribunal may also give advisory opinions in certain cases under international agreements related to the purposes of the Convention.
International Tribunal for the Law of the Itkos. In such cases, the President, in consultation with the parties, shall request specified members of the Tribunal forming the chamber, as many as necessary, to give place to the members of the Tribunal of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the members specially chosen by the parties.
The Tribunal may form such chambers, composed of three or more of its elected members, as it considers necessary for dealing with particular categories of disputes.