The International Tribunal for the Law of the Sea: Survey for 2003

2004 ◽  
Vol 19 (4) ◽  
pp. 369-382
Author(s):  
Robin Churchill

AbstractThis instalment of the Survey considers the order for provisional measures made in the Land Reclamation case, and notes administrative and organizational developments within the ITLOS during the year 2003.

2004 ◽  
Vol 19 (4) ◽  
pp. 515-536 ◽  
Author(s):  
Gwenaele Rashbrooke

AbstractThis article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.


2006 ◽  
Vol 21 (4) ◽  
pp. 377-388
Author(s):  
Robin Churchill

AbstractThis is the second of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea (LOSC), which replaces the previous Annual. The main developments during 2005 were the settlement of the Land Reclamation case and the election of seven members of the International Tribunal for the Law of the Sea. No new cases were brought during the year.


2021 ◽  
pp. 1-69
Author(s):  
Thomas Burri ◽  
Jamie Trinidad

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in which it rejected preliminary objections raised by the Maldives in arbitral proceedings instituted by Mauritius, concerning the delimitation of the maritime boundary north of the Chagos Archipelago in the Indian Ocean.


2021 ◽  
Vol 11 (3) ◽  
pp. 3-18
Author(s):  
Roman Kolodkin

Normative propositions of the international courts, including these of the International Tribunal for the Law of the Sea, are considered in the paper as provisions in the judicial decisions and advisory opinions, spelling out, formulating or describing international law norms, prescriptions, prohibitions or authorizations, which are applicable, in the court’s view, in the case at hand and the similar cases. Such a proposition is considered to be a description of a legal norm, its spelling out by a court, but not a norm or its source. In contrast with legal norms, judicial normative propositions are descriptive, not prescriptive; they may be true or wrong. Normative propositions are not transformed into norms solely by their repetition in judicial decisions. The author considers not only ITLOS decisions but also the Tribunal’s and its Seabed disputes chamber advisory opinions containing normative propositions to be subsidiary means for the determination of the rules of law under article 38(1(d)) of the International Court of Justice Statute. The legal reasoning of the Tribunal’s decision, not its operative provisions, usually features normative propositions. While strictly speaking, the decision addresses the parties of the dispute, normative propositions in the reasoning are in fact enacted by the Tribunal urbi et orbi aiming at all relevant actors, ITLOS including. They bear upon substantive and procedural issues, rights and obligations of relevant actors; they may also define legal notions. The Tribunal provides them as part of its reasoning or as obiter dictum. It is those provisions of the Tribunal’s decisions that are of particular importance for international law through detailing treaty- and verbalizing customary rules. However, the States that have the final and decisive say confirming or non-confirming the content and binding nature of the rules spelt out or described by the Tribunal in its normative propositions. Meanwhile, States are not in a hurry to publicly react to the judicial normative propositions, particularly to those of ITLOS, though they refer to them in pleadings or when commenting on the International Law Commission drafts. At times, States concerned argue that international judicial decisions are not binding for third parties. While the States are predominantly silent, ITLOS reiterates, develops and consolidates normative propositions, and they begin to be perceived as law. The paper also points to the possibility of the Tribunal’s normative propositions being not correct and to the role of the judges’ dissenting and separate opinions in identifying such propositions.


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