ITLOS STATUTE PDF

August 25, 2019 posted by

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

There shall be jtlos fewer than three members from each geographical group as established by the General Assembly of the United Nations. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. A State Party is free to choose one or more of these means by a written declaration to be made under article of the Convention and deposited with the Secretary-General of the United Nations declarations made by States Parties under article The Tribunal may form such chambers, composed of three statutr more of its elected members, as it considers necessary for dealing with particular categories of disputes.

Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim shatute well founded in fact and law.

The mechanism established by the Convention provides for staute alternative means for the settlement of disputes: Oxford Reports on International Law. It entered into force 12 years later, on 16 November This link will only work on campus; off-campus, you must already be logged into HeinOnline.

Saint Vincent and the Grenadines.

Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be considered as one party only. However, if parties to a dispute fail to reach a settlement by peaceful means of their own choice, they are obliged to resort to the compulsory dispute settlement procedures entailing binding decisions, subject to limitations and exceptions contained in the Convention.

Disputes shall be heard and determined by the chambers provided for in this article if the parties so request.

The members of the Tribunal shall continue to discharge their duties until their places have been filled. Any doubt on this point shall be settled by the decision of the Tribunal. The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the workload sttatute the Tribunal.

The Tribunal shall frame rules for carrying out its functions. Regulations ststute at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to members of the Tribunal and to the Registrar, and the conditions under which members of the Tribunal and Registrar shall have their travelling expenses refunded.

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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 wtatute original composition.

International Tribunal for the Law of the Sea

The Tribunal shall elect its President and Vice-President for three years; they may be re-elected. 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. In other projects Wikimedia Commons. The Tribunal has jurisdiction over any dispute concerning the interpretation or application of the Convention, and over all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal Statute, article No two members of the Tribunal may be nationals of the same State.

If the parties to a dispute have not accepted the same settlement procedure, the dispute may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree. Law of the sea Intergovernmental organizations established by treaty United Nations courts and tribunals United Nations General Assembly observers Organizations established in Organisations based in Hamburg establishments in Jamaica.

The ” Arctic Sunrise ” Case. 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 tsatute a procedure agreed to by the States Parties in the case of subsequent elections.

If the Tribunal, when hearing a dispute, does not include upon the bench a member of the nationality of the parties, each of those parties may choose a person to participate as a member of the Tribunal.

Find International Court Documents: International Tribunal for the Law of the Sea (ITLOS)

WorldLii Database last updated in In the exercise of its functions relating to advisory opinions, the Chamber iltos 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.

The members of the Chamber shall be selected every three years and may be selected for a second term.

The Convention establishes a comprehensive legal framework to regulate all ocean space, its uses and resources. From Wikipedia, the free encyclopedia. In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured.

The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present. A subsequent Agreement relating to the implementation of Part XI of the Convention was adopted on 28 July and entered into force on 28 July 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.

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When an entity other than a State Party or the Authority is a party to a case submitted to it, the Tribunal shall fix the amount which that party is to contribute towards the expenses of the Tribunal. If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal.

Reports of Judgments, Advisory Opinions, and Orders. Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crews under article of the Convention and to provisional measures pending the constitution of an arbitral tribunal under articleparagraph 5, of the Convention.

International Tribunal for the Law of the Sea – Wikipedia

If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion. 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.

If neither is able to preside, the senior ilos present of the Tribunal shall preside. International Tribunal for the Law of the Sea Tribunal international du droit de la mer.

The judgment shall be signed by the President and by the Registrar. The persons elected to the Tribunal shall be those nominees who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting, provided that such majority includes a majority of the States Parties.

Whenever the interpretation or application statutw this Convention is in question, the Registrar shall notify all States Parties forthwith. This page was last edited on 15 Novemberat The members of the Tribunal shall 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 statuute the terms of seven more members shall expire at the end of six years.

The Convention also established the International Seabed Itlodwith responsibility for the regulation of seabed mining beyond the limits of national jurisdiction, that is beyond the limits of the stautte sea, the contiguous zone and the continental shelf.

Only citations are provided for the most recent 2 years. All questions shall be decided by a majority of the members of the Tribunal who are present.