Reflections on the Advisory Jurisdiction of itlos as a Full Court: The itlos Advisory Opinion of 2015

2015 ◽  
Vol 14 (2) ◽  
pp. 318-339 ◽  
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Law Of The Sea ◽  
Advisory Opinion ◽  
Legal Basis ◽  
International Tribunal ◽  
Early Stages ◽  
The Law

In its advisory opinion of 2 April 2015, the International Tribunal for the Law of the Sea (itlos) broke new ground in the itlos jurisprudence, by stating that the full Tribunal has an advisory jurisdiction. However, the legal basis of the advisory jurisdiction of itlos as a full court is not free from controversy. An issue also arises with regard to the admissibility of the request for an advisory opinion. Given that the itlos jurisprudence concerning advisory proceedings is still in its early stages, the advisory jurisdiction of itlos as a full court deserves serious consideration. Thus, this contribution will seek to examine the legal basis of the advisory jurisdiction of itlos as a full court and the admissibility of the request for an advisory opinion by focusing on the 2015 itlos advisory opinion.

The Advisory Jurisdiction of the International Tribunal for the Law of the Sea: Comments on the Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission

2016 ◽  
Vol 29 (2) ◽  
pp. 441-461 ◽  
Author(s):  
MASSIMO LANDO
Keyword(s):  
Law Of The Sea ◽  
Vienna Convention ◽  
Advisory Opinion ◽  
International Tribunal ◽  
Authentic Texts ◽  
State Consent ◽  
The Law ◽  
The Relationship ◽  
The Unclos

AbstractIn the Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission, the International Tribunal for the Law of the Sea (ITLOS) was called upon to clarify the existence of its advisory jurisdiction as a full Tribunal under the UN Convention on the Law of the Sea (UNCLOS). ITLOS unanimously upheld its advisory jurisdiction, yet its reasoning is not convincing. ITLOS’s interpretation of Article 21 of its Statute appears unpersuasive. The article discusses the interpretation of Article 21 ITLOS Statute pursuant to the rules on interpretation of the Vienna Convention on the Law of Treaties (Arts. 31–33). First, the article addresses the article's textual reading, and criticizes the Tribunal's interpretation of the term ‘matters’. Second, the article considers the interpretation of Article 21 according to the subsequent practice of the parties, argued by some states but not addressed by ITLOS. Third, the travaux préparatoires of the UNCLOS are examined, with a view to understanding whether the drafters intended the Tribunal to have advisory jurisdiction. Fourth, the six authentic texts of UNCLOS are compared in order to highlight potential differences that may help understand the exact meaning of the provision. Fifth, the article discusses the relationship between advisory jurisdiction and state consent. The conclusion is that the basis for ITLOS's advisory jurisdiction under UNCLOS seems weak. Some general considerations conclude the article, together with a possible solution that takes stock of ITLOS's decision.

Dispute Settlement in the Law of the Sea: Survey for 2015—Part i

2016 ◽  
Vol 31 (4) ◽  
pp. 555-582 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Protected Area ◽  
Dispute Settlement ◽  
Marine Protected Area ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Advisory Opinion ◽  
International Tribunal ◽  
Economic Zone ◽  
The Law

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention, and covering developments in 2015. During the year the International Tribunal for the Law of the Sea gave an advisory opinion concerning fisheries questions in the exclusive economic zone and made two orders of provisional measures. Annex vii arbitral tribunals delivered awards on the merits in the Chagos Marine Protected Area and Arctic Sunrise cases, and the tribunal in the Philippines v. China case gave an award on jurisdiction and admissibility. There were also a number of less significant developments during the year.

4 Advisory Opinions by ITLOS

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
Law Of The Sea ◽  
Legal Basis ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Legal Questions ◽  
International Court ◽  
United Nations Convention ◽  
The Law ◽  
International Seabed Authority ◽  
Advisory Opinions

This chapter focuses on advisory opinions by the International Tribunal for the Law of the Sea (ITLOS). Like the International Court of Justice, ITLOS may render and has rendered advisory opinions on legal questions within its areas of competence. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) expressly provides for the advisory jurisdiction of the Seabed Disputes Chamber of ITLOS, but not the full bench of ITLOS itself. According to Article 191 of UNCLOS, the Seabed Disputes Chamber shall give advisory opinions at the request of the Assembly or the Council of the International Seabed Authority on legal questions arising within the scope of their activities, and such opinions shall be given as a matter of urgency. The full bench of ITLOS has held that the substantive legal basis of the full-bench ITLOS’ advisory jurisdiction is Article 21 of its Statute stipulating that ITLOS’ jurisdiction comprises all disputes and all applications submitted to it in accordance with UNCLOS and all matters specifically provided for in any other agreement which confers jurisdiction on ITLOS. The ITLOS Rules elaborate the procedure in this respect.

The International Tribunal for the Law of the Sea and the Protection and Preservation of the Marine Environment: Taking Stock and Prospects

2020 ◽  
Vol 57 ◽  
pp. 353-385
Author(s):  
SANDRINE W. DE HERDT ◽  
TAFSIR MALICK NDIAYE
Keyword(s):  
Potential Role ◽  
Biological Diversity ◽  
Environmental Law ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Advisory Opinion ◽  
International Tribunal ◽  
The Law ◽  
Deep Seabed Mining

AbstractThis article takes stock of the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of international environmental law. It examines in this regard the jurisdiction of the tribunal and provides an overview of its environmental jurisprudence. It then assesses the potential role of ITLOS in relation to some marine environmental challenges ahead. In particular, it considers the possibility of a request for an advisory opinion on climate change, the settlement of disputes regarding deep seabed mining, and the potential role of the tribunal under a new legal instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

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