Possible Role of the International Tribunal for the Law of the Sea in Interpretation and Progressive Development of the Law of the Sea

2004 ◽  
pp. 39-47
Keyword(s):  
Law Of The Sea ◽  
International Tribunal ◽  
Progressive Development ◽  
The Law

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.

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 Application of Teachings by the International Tribunal for the Law of the Sea

2020 ◽  
Vol 11 (1) ◽  
pp. 20-46
Author(s):  
Sondre Torp Helmersen
Keyword(s):  
Law Of The Sea ◽  
International Tribunal ◽  
International Courts ◽  
Low Weight ◽  
General Weight ◽  
The Law

Abstract Scholars have examined the role of ‘teachings’ (or ‘literature’, ‘doctrine’ or ‘scholarship’) in various international courts and tribunals, but never the International Tribunal for the Law of the Sea (ITLOS). This article analyses the general weight ITLOS judges assign to teachings, how the judges distinguish between more and less significant teachings, and how and why different judges use teachings differently. ITLOS judges generally seem to assign teachings low weight, albeit with some exceptions. Some teachings are seen as more important, on the basis of their quality and on the fact that multiple writers agree. Judges treat teachings somewhat differently, with Judge Laing being a significant outlier, responsible for roughly half of all citations.

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.

Sign in / Sign up

Export Citation Format

Share Document