The International Tribunal for the Law of the Sea: A Forum for the Development of Principles of International Environmental Law?

2004 ◽  
Vol 19 (4) ◽  
pp. 515-536 ◽  
Author(s):  
Gwenaele Rashbrooke
Keyword(s):  
New Zealand ◽  
Land Reclamation ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Environmental Law ◽  
The Law ◽  
The Uk

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.

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.

The Contribution of the International Tribunal for the Law of the Sea to the Protection of the Marine Environment

2021 ◽  
Vol 9 (2) ◽  
pp. 354-369
Author(s):  
Tomas Heidar
Keyword(s):  
Environmental Impact ◽  
Marine Environment ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Due Diligence ◽  
International Tribunal ◽  
International Environmental Law ◽  
Precautionary Approach ◽  
Environmental Impact Assessments ◽  
The Law

Abstract In its 25 years’ history, the International Tribunal for the Law of the Sea has dealt with a number of environmental cases. This has primarily occurred in the context of proceedings relating to the prescription of provisional measures and in advisory proceedings. This article explains how the Tribunal has reaffirmed and developed the basic environmental principles in Part XII of the Law of the Sea Convention, including the obligation to protect and preserve the marine environment, the precautionary approach, the duty to conduct environmental impact assessments, and the duty to cooperate, as well as the duty of due diligence, thereby contributing to the protection of the marine environment. Part XII of the Convention is a product of the 1970s and its provisions therefore reflect the state of international environmental law at that time. However, the Tribunal has interpreted and applied the aforementioned principles consistently with the contemporary state of international environmental law.

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

2004 ◽  
Vol 19 (4) ◽  
pp. 369-382
Author(s):  
Robin Churchill
Keyword(s):  
Land Reclamation ◽  
Law Of The Sea ◽  
International Tribunal ◽  
The Law ◽  
Made In

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.

scholarly journals The Environmental Jurisprudence of the International Tribunal for the Law of the Sea

2007 ◽  
Vol 22 (3) ◽  
pp. 369-381 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Dispute Settlement ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Settlement System ◽  
International Environmental Law ◽  
Environmental Disputes ◽  
Dispute Settlement System ◽  
Marine Environmental ◽  
Environmental Jurisprudence

AbstractThis presentation starts out with an overview of the environmental jurisprudence of international tribunals and courts in the last decade. The author then examines the jurisprudence of the ITLOS and considers four issues that have arisen: the precautionary principle; environmental impact assessment; environmental co-operation; and jurisdiction over marine environmental disputes. Concluding, he asks what the jurisprudence tells us about the Tribunal's role in the LOSC dispute settlement system. First, the Tribunal's provisional measures cases have established the utility of the Article 290 procedure as a means of protecting the rights of other States but also the marine environment in general. Second, there is evidence in the case law of a desire to settle disputes between the parties in a way that contributes to the development of a consistent jurisprudence and of a willingness to interpret and apply Part XII of the Convention in accordance with the contemporary state of international environmental law. The Tribunal's record on marine environmental disputes is a positive one.

The International Tribunal for the Law of the Sea and General International Law

2007 ◽  
Vol 22 (3) ◽  
pp. 351-367 ◽  
Author(s):  
Michael Wood
Keyword(s):  
International Law ◽  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Applicable Law ◽  
The Law

AbstractAfter addressing some preliminary points, the presentation first stresses the importance of distinguishing clearly between jurisdiction and applicable law. Then it considers how a court or tribunal whose jurisdiction ratione materiae is largely con fined to the interpretation and application of a particular treaty may nevertheless refer to general international law. The author suggests six possible ways in which recourse may be had to general international law and analyzes the case-law of the International Tribunal for the Law of the Sea in that regard. He then points out the relevance of expertise in general international law for the composition of the Tribunal. By way of conclusion, the author suggests that when any court or tribunal acting under a limited conferral of jurisdiction has recourse to general international law, it should—in the interest of transparency and so as to avoid the appearance of an excess of jurisdiction— explain the basis on which it is doing so. In his view, the Tribunal has made an important contribution to the law of the sea and to certain issues of general international law while acknowledging that the law of the sea can only be properly understood within the context of international law as a whole.

scholarly journals Australia's Response to Illegal Foreign Fishing: A Case of winning the Battle but losing the Law?

2008 ◽  
Vol 23 (1) ◽  
pp. 95-124
Author(s):  
Rachel Baird
Keyword(s):  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Illegal Fishing ◽  
The Past ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
The Law ◽  
The One ◽  
The Right

AbstractThe right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an automatic forfeiture regime whereby the detained vessel, gear and catch are forfeited to the Commonwealth. This regime operates in the absence of any judgement on the merits. This paper examines the details of the Australian legislation in addition to recent case law and concludes that the operation of the automatic forfeiture regime has the potential to upset the balance established in Article 73 of the 1982 United Nations Convention on the Law of the Sea.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 5 The Role of International Tribunal for the Law of the Sea (ITLOS) in Global Ocean Governance

2018 ◽  
Author(s):  
Golitsyn Vladimir
Keyword(s):  
International Law ◽  
Global Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Progressive Development ◽  
Ocean Governance ◽  
United Nations Convention ◽  
The Law ◽  
Advisory Opinions

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.

Vertical restraints, the single market imperative and UK competition policy after Brexit

2019 ◽  
Vol 18 (3) ◽  
pp. 122-129
Author(s):  
Patrick F. Todd
Keyword(s):  
Competition Policy ◽  
Market Integration ◽  
Case Law ◽  
Single Market ◽  
Vertical Restraints ◽  
The European Union ◽  
The United Kingdom ◽  
The Law ◽  
The Uk

After Brexit, the United Kingdom is unlikely to continue pursuing integration with other Member States of the European Union, including through competition policy. As a result, the time is ripe to reconsider the role of the single market imperative in competition law, in particular in relation to vertical restraints where the goal of market integration plays a pivotal role. This article shows that recent European vertical restraints decisions and case law, in particular concerning territorial and online restraints, have been motivated in whole or in part by the single market imperative (SMI). It then examines how the law in the UK might follow a different path post-Brexit, taking the Ping case as an example. However, a similar change is not likely to be forthcoming in relation to the law governing pricing restraints, which are not obviously linked to the SMI and which have been the subject of much enforcement in the UK both before and during the UK's membership of the EU.

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