The Use of Precedent and External Case Law by the International Court of Justice and the International Tribunal for the Law of the Sea

2016 ◽  
Vol 15 (1) ◽  
pp. 24-55 ◽  
Author(s):  
Eric De Brabandere
Keyword(s):  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007

2008 ◽  
Vol 23 (4) ◽  
pp. 601-642 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guyana/Suriname Case and two prompt-release-of-vessel judgments by the International Tribunal for the Law of the Sea. Outside the framework of the Convention, the International Court of Justice gave judgments in two maritime boundary cases—one on the merits (Nicaragua v. Honduras) and the other on jurisdiction (Nicaragua v. Colombia).

The Procedure Before the International Tribunal for the Law of the Sea; The Rules of the Tribunal and Related Documents

1998 ◽  
Vol 11 (3) ◽  
pp. 565-594 ◽  
Author(s):  
Tullio Treves
Keyword(s):  
International Organizations ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Time Limits ◽  
Judicial Practice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

The Rules of the International Tribunal for the Law of the Sea, adopted in October 1997 (together with the Resolution on Internal Judicial Practice and the Guidelines Concerning the Preparation and Presentation of Cases Before the Tribunal) follows the model of the Rules of the International Court of Justice with rather relevant differences. Some of these differences depend on the need of more expeditious and less expensive proceedings: in particular, the provisions introducing time limits and those in the Resolution on Internal Judicial Practice which eliminate in most cases the requirement of Notes by each judge. Others depend on the specific characteristics of the jurisdiction of the Tribunal. These include the provisions on intervention, on preliminary objections and proceedings, on provisional measures, on prompt release of vessels and crews, and on activities in the international seabed Area. In this category can also be included the provisions on the participation in proceedings by international organizations and natural and juridical persons.

scholarly journals Dispute Settlement in the Law of the Sea: Survey for 2012

2013 ◽  
Vol 28 (4) ◽  
pp. 563-614 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract 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. The main developments during 2012 were the delivery of judgments by the International Tribunal for the Law of the Sea (ITLOS) in the Bangladesh/Myanmar case and by the International Court of Justice (ICJ) in the Nicaragua/Colombia case, both concerned with maritime boundary delimitation; and the institution of Annex VII arbitration by Argentina against Ghana relating to the arrest of a State-owned vessel and the subsequent order of provisional measures by the ITLOS. These and other developments are reviewed in detail below.

Provisional Measures and the Link Requirement

2020 ◽  
Vol 19 (2) ◽  
pp. 177-199
Author(s):  
Massimo Lando
Keyword(s):  
Prima Facie ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law ◽  
Imminent Risk ◽  
Scholarly Attention

Abstract In the context of requests for provisional measures, the link requirement has not attracted much scholarly attention and might be regarded as raising limited controversy. However, this article argues that the link is an unnecessary requirement for granting provisional measures by the International Court of Justice and the International Tribunal for the Law of the Sea. First, the function which the link purports to fulfil is already fulfilled by other requirements (i.e., prima facie jurisdiction, plausibility and real and imminent risk of irreparable prejudice). Second, if the link is understood as requiring provisional measures to be tailored to the rights of which protection is sought, the ICJ and ITLOS have the power to indicate measures different from those requested. One may suggest that the link therefore emerges as an unnecessary requirement which overburdens provisional measures proceedings.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2008

2009 ◽  
Vol 24 (4) ◽  
pp. 603-616 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fifth of a series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. The main developments during 2008 were the fourth triennial elections to the International Tribunal for the Law of the Sea; an order made by the Tribunal further continuing the suspension of proceedings in the Swordfish case; and the referral of a maritime boundary dispute between Peru and Chile to the International Court of Justice.

Remarks by: James Kateka, Mamadou Hébié, Marc Weller, Milena Sterio, and Nawi Ukabiala

2020 ◽  
Vol 114 ◽  
pp. 47-59
Author(s):  
James Kateka ◽  
Mamadou Hébié ◽  
Marc Weller ◽  
Sterio Milena ◽  
Nawi Ukabiala
Keyword(s):  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
University Of Cambridge ◽  
Court Of Justice ◽  
International Court ◽  
College Of Law ◽  
Marshall College ◽  
The Law ◽  
The University

This panel was convened at 11:30 a.m., Thursday, June 25, 2020, by its moderator James Kateka of the International Tribunal for the Law of the Sea, who introduced the panelists: Mamadou Hébié of the International Court of Justice; Marc Weller of the University of Cambridge Faculty of Law; Milena Sterio of Cleveland-Marshall College of Law; and Nawi Ukabiala of Debevoise & Plimpton LLP.

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