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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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. Case Related Live and Archived Video. Dec 3, The ” Arctic Sunrise ” Case.
No member etatute the Tribunal may act as agent, counsel or advocate in any case. 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.
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The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. In particular it shall lay down rules of procedure. Regulations adopted at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to statutd of the Tribunal and to the Registrar, and the sfatute under which members of the Tribunal and Registrar shall have their travelling expenses refunded.
When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. According to itlks founding statute, the Tribunal has a set of 21 serving judges from a variety of states parties. It is also open to entities other than States Parties, i.
International Tribunal for the Law of the Sea
If, in the unanimous opinion of the other members of the Tribunal, a member ztatute ceased to fulfil the required conditions, the President of the Tribunal shall declare the seat vacant. The Vice-President shall receive a special allowance for each day on which he acts as President. No member of the Tribunal may participate in the decision of any case in which he has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court or tribunal, or in any other capacity.
Saint Vincent and the Grenadines. Antonio Cachapuz de Medeiros.
Any doubt on this point shall be settled by the decision of the Tribunal. The decision of the Tribunal is final and shall be complied with by all the parties to the dispute. 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 atatute 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.
They shall be subject to review and revision by the Tribunal.
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It entered into force 12 years later, on 16 November The decision shall have no binding force except between the parties in respect of that particular dispute. 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. The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted.
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.
It shall be read in open court, due notice having been given to the parties to the dispute.
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 statuye. If they disagree, or if any party fails to make an appointment, the President of the Seabed Disputes Chamber shall promptly make the appointment or appointments from among its members, after consultation with the irlos. No member of the Tribunal may exercise any political or administrative function, or associate actively with or be financially interested in any of the operations of any enterprise concerned with the exploration for or exploitation of the resources of the sea or the seabed or other commercial use of the sea or the seabed.
All questions shall be decided by a majority of the members of the Tribunal who are tilos. Members of the Tribunal of the nationality of any of the parties to a dispute shall retain their right to participate as members of the Tribunal.
International Tribunal for the Law of the Sea – Wikipedia
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.
If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so far as it relates to matters in respect xtatute which that State Party intervened.
All reported decisions have a headnote, the full text of the decision, and are linked to the Oxford Law Citator. Offering coverage of international courts, regional courts, and ad hoc tribunals.
In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote. If the Tribunal, when hearing a dispute, includes upon the bench 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.
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. Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be considered as one party only.
Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present. If any proceedings are still statue 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.
Two alternative members shall be selected for the purpose of ststute members who are unable to participate in a particular proceeding. 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.
Stayute other projects Wikimedia Commons. The members of the Tribunal shall be elected by secret ballot. 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.
Toggle navigation VU Libraries Logo. 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. The place becomes vacant on the receipt of that letter. It shall contain the names of the members of the Tribunal who have taken part in the decision.