The Contribution Of The International Tribunal For The Law Of The Sea To International Law (original) (raw)
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ISA's 57th Annual Convention: Exploring Peace , 2016
The International Tribunal for the Law of the Sea is an internationally qualified judicial institution created by the United Nations Convention on the Law of the Sea dated 1982. The Tribunal is founded to solve the disagreements related to maritime law such as transport liberalization, ships and crews immediately release, marine environmental protection of a nuclear plant operation, radioactive materials transport, fishing activities, nationality requirements, the implementation of facilities to use force in international law. In this study, it is aimed to assess the success level of the implications of the International Tribunal for Law of the Sea active as a mechanism to provide peaceful solutions to international disputes for the future. In this context, the cases within the scope of the Tribunal's jurisdiction will be analyzed in terms of international law in general, also law of the sea in private.
The International Journal of Marine and Coastal Law, 2007
This paper provides a comprehensive survey of all matters related to the jurisprudence of the International Tribunal for the Law of the Sea relating to fisheries. An overview of the main provisions of the LOSC on the matter serves as an introduction. The author then expounds on the scope of the Tribunal's jurisdiction relating to fisheries in great detail while differentiating between its jurisdiction to deal with the substance of fisheries disputes on the one hand and provisional measures as well as prompt release orders on the other hand. He concludes that while the Tribunal theoretically has jurisdiction to deal with fisheries disputes not only arising from the LOSC and the UN Fish Stocks Agreement but also from over 20 other treaties, it has so far rarely been called on to do so. Nevertheless, the Tribunal has made a not insignificant impact on international fisheries law. This becomes obvious in the course of the following analysis of its jurisprudence on these matters. Before turning towards his final remarks, the author considers the prospects for the development of the Tribunal's fisheries jurisprudence. He concludes that it is difficult to predict the extent to which the Tribunal may be asked to resolve fisheries disputes and thus given an opportunity to develop its jurisprudence, but points out both that States have historically been reluctant to refer fisheries disputes to binding third-party settlement and that there are considerable jurisdictional obstacles to the Tribunal hearing fisheries disputes.
The International Tribunal for the Law of the Sea: Survey for 2001
The International Journal of Marine and Coastal Law, 2002
This instalment of the Survey considers the decisions in the Camoarco and Monte Confurco cases, the submission of the Swordfish (Chile/European Community) case to the ITLOS, and administrative developments within the Tribunal during the year 2000.
The International Tribunal for the Law of the Sea: Survey for 2003
The International Journal of Marine and Coastal Law, 2004
This instalment of the Survey considers the decisions in the Camoarco and Monte Confurco cases, the submission of the Swordfish (Chile/European Community) case to the ITLOS, and administrative developments within the Tribunal during the year 2000.
2014
In 2006, Spanish authorities decided the immobilisation of the vessel Louisa, a vessel flying Saint Vincent and the Grenadines’ flag, due to its illicit activities against underwater cultural heritage in Spanish internal waters and territorial sea. The flag State filled an application against Spain before the International Tribunal for the Law of the Sea complaining that Spain had violated the UN Convention on the Law of the Sea with that immobilisation. In its Judgement of 28 May 2013 the Tribunal concluded that it had no jurisdiction ratione materiae to entertain an application since no dispute concerning the interpretation or application of LOSC existed between the Parties. However, Spain had argued not only a lack of jurisdiction ratione materiae but that the Tribunal should have dismissed the case the applicant had not fulfilled the obligation to exchange of views as established in Article 283(1) LOSC. That question was not dealt with by the Tribunal in its Judgement, thus avoi...
The International Tribunal for the Law of the Sea: Survey for 2002
The International Journal of Marine and Coastal Law, 2003
This instalment of the Survey considers the decisions in the Camoarco and Monte Confurco cases, the submission of the Swordfish (Chile/European Community) case to the ITLOS, and administrative developments within the Tribunal during the year 2000.