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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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.
The first election shall be held within six months of the date of entry into force of this Convention. If the Tribunal, when hearing a dispute, includes upon the statutte a member of the nationality of one of the parties, any other party may choose a person to participate as a member of the Tribunal.
Dec 3, xtatute Retrieved from ” https: The members of the Tribunal shall be elected from the list of persons thus nominated. Oxford Reports on International Law. The members of the Tribunal shall continue to discharge their duties until their places have been filled.
The Convention establishes a comprehensive legal framework to regulate all ocean space, its uses and resources.
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. Every member of the Tribunal shall, before taking up his duties, make a solemn declaration in open session that he will exercise his powers impartially and conscientiously.
The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities. He shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties before the seventh day of the last month before the date of each election.
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. They shall be subject to review and revision by the Tribunal.
Disputes shall be heard and determined by the chambers provided for in this article if the parties so request. The Convention also established the International Seabed Authoritywith responsibility for the regulation of seabed mining beyond the utlos of national jurisdiction, that is beyond the limits of the territorial sea, the contiguous zone and the continental shelf.
International Tribunal for the Law of the Sea.
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.
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. They shall participate in the decision on terms of complete equality with their colleagues.
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 and the terms of seven more members shall expire at the end of six years. 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.
The Tribunal may also give advisory opinions in certain cases under international agreements related to the purposes of the Convention.
WorldLii Database last updated in It is also open to entities other than States Parties, i. Reports of Judgments, Advisory Opinions, and Orders. 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.
In either case, the subject of the dispute and the parties shall be indicated. List of Official Court Publications. Regulations adopted 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. You may republish or adapt this guide for educational purposes, as long as proper credit is given.
If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor’s term. If neither is able to preside, the senior judge present of the Tribunal shall preside. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. Case Related Live and Archived Video.