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| International Tribunal for the Law of the SeaTribunal international du droit de la mer (French) | |
|---|---|
Official logo
| |
| Seat |  Hamburg, Germany |
| Working languages | |
| Judges from | 21 nations |
| Leaders | |
| • President |  Judge Albert Hoffmann |
| • Vice President |  Judge Tomas Heidar |
| Establishment | |
| • UNCLOS adopted | 10 December 1982 |
| • UNCLOS in force | 16 November 1994 |
| Website http://www.itlos.org | |
The International Tribunal for the Law of the Sea (ITLOS) is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on 10 December 1982. The Convention entered into force on 16 November 1994, and established an international framework for law over all ocean space, its uses and resources. The ITLOS is one of four dispute resolution mechanisms listed in Article 287 of the UNCLOS.
The Tribunal is based in Hamburg, Germany. The Convention also established the International Seabed Authority, with responsibility for the regulation of seabed mining beyond the limits of national jurisdiction, that is beyond the limits of the territorial sea, the contiguous zone and the continental shelf. There are currently 168 signatories, 167 states plus the European Union. As of 2021, holdouts included the United States and the Islamic Republic of Iran.
Composition
According to its founding statute, the Tribunal has a set of 21 judges who serve from a variety of states parties, "according to a method that intends to assure an equitable geographical representation".
At the request of Chile and the European Union, the Tribunal set up a special chamber composed of 5 judges to deal with the Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European Community).
By agreement of the parties Ghana and Ivory Coast, the Tribunal formed a special chamber composed of 5 judges to deal with the Dispute concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean (Ghana/Côte d'Ivoire).
By agreement of the parties Mauritius and Maldives, the Tribunal formed a special chamber of 7 permanent judges and 2 ad hoc judges to deal with the Dispute concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives).
Seats
Disputes referred to the International Tribunal for the Law of the Sea or one of its chambers can be heard in Germany or in Singapore.
Current judges
| . | Country | Name | Inauguration | President | Vice president |
|---|---|---|---|---|---|
| 1 |  Cape Verde
|
José Luís Jesus | 1999 | 2008–2011 | |
| 2 |  Poland |
Stanisław Pawlak | 2005 | ||
| 3 |  Japan |
Shunji Yanai | 2005 | 2011–2014 | |
| 4 |  Tanzania |
James Kateka | 2005 | ||
| 5 | South Africa
|
Albert J. Hoffmann | 2005 | 2020–present | 2011–2014 |
| 6 |  Algeria |
Boualem Bouguetaia | 2008 | 2014–2017 | |
| 7 |  South Korea |
Paik Jin-hyun | 2009 | 2017–2020 | |
| 8 |  Malta |
David Attard | 2011 | 2017–2020 | |
| 9 |  Ukraine |
Markiyan Kulyk | 2011 | ||
| 10 |  Mexico |
Alonso Gómez-Robledo | 2014 | ||
| 11 | Iceland |
Tomas Heiðar | 2014 | 2020–present | |
| 12 |  Paraguay |
Óscar Cabello Sarubbi | 2017 | ||
| 13 |  India |
Neeru Chadha | 2017 | ||
| 14 |  Thailand |
Kriangsak Kittichaisaree | 2017 | ||
| 15 |  Russia |
Roman Kolodkin | 2017 | ||
| 16 |  Netherlands |
Liesbeth Lijnzaad | 2017 | ||
| 17 |  Chile |
María Teresa Infante Caffi | 2020 | ||
| 18 |  Jamaica |
Kathy-Ann Brown | 2020 | ||
| 19 |  Italy |
Ida Caracciolo | 2020 | ||
| 20 |  Cameroon |
Maurice Kamga | 2020 | ||
| 21 |  China |
Duan Jielong | 2020 |
Former judges
Cases
| No. | Name | Applicant | Respondent | Case began | Case ended | Disposition |
|---|---|---|---|---|---|---|
| 1 | The M/V "Saiga" Case |  Saint Vincent and the Grenadines
|
 Guinea
|
13 November 1997 | 4 December 1997 | Judgment on prompt release |
| 2 | The M/V "Saiga" (No. 2) Case | Saint Vincent and the Grenadines
|
Guinea
|
13 January 1998 | 1 July 1999 | Judgment on merits |
| 3 | Southern Bluefin Tuna Cases |  New Zealand
|
Japan
|
30 July 1999 | 27 August 1999 | Order on provisional measures |
| 4 |  Australia
| |||||
| 5 | The "Camouco" Case |  Panama
|
 France
|
17 January 2000 | 7 February 2000 | Judgment on prompt release |
| 6 | The "Monte Confurco" Case |  Seychelles
|
France
|
27 November 2000 | 18 December 2000 | Judgment on prompt release |
| 7 | Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean | Chile /  European Union
|
19 December 2000 | 16 December 2009 | Terminated at request of parties | |
| 8 | The "Grand Prince" Case |  Belize
|
France
|
21 March 2001 | 20 April 2001 | Judgment on prompt release |
| 9 | The "Chaisiri Reefer 2" Case | Panama
|
 Yemen
|
3 July 2001 | 13 July 2001 | Terminated at request of parties |
| 10 | The MOX Plant Case |  Ireland
|
 United Kingdom
|
9 November 2001 | 3 December 2001 | Order on provisional measures |
| 11 | The "Volga" Case | Russia
|
Australia
|
2 December 2002 | 23 December 2002 | Judgment on prompt release |
| 12 | Case concerning Land Reclamation by Singapore in and Around the Straits of Johor |  Malaysia
|
 Singapore
|
5 September 2003 | 8 October 2003 | Order on provisional measures |
| 13 | The "Juno Trader" Case | Saint Vincent and the Grenadines
|
 Guinea-Bissau
|
18 November 2004 | 18 December 2004 | Judgment on prompt release |
| 14 | The "Hoshinmaru" Case | Japan
|
Russia
|
6 July 2007 | 6 August 2007 | Judgment on prompt release |
| 15 | The "Tomimaru" Case | Japan
|
Russia
|
6 July 2007 | 6 August 2007 | Judgment on prompt release |
| 16 | Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal |  Bangladesh /  Myanmar
|
14 December 2009 | 14 March 2012 | Judgment on merits | |
| 17 | Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area | International Seabed Authority | 14 May 2010 | 1 February 2011 | Advisory opinion | |
| 18 | The M/V "Louisa" Case | Saint Vincent and the Grenadines
|
 Spain
|
24 November 2010 | 28 May 2013 | Judgment on merits |
| 19 | The M/V "Virginia G" Case | Panama / Guinea-Bissau
|
4 July 2011 | 14 April 2014 | Judgment on merits | |
| 20 | The "ARA Libertad" Case |  Argentina
|
 Ghana
|
14 November 2012 | 15 December 2012 | Order on provisional measures |
| 21 | Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission (SRFC) | Sub-Regional Fisheries Commission | 28 March 2013 | 2 April 2015 | Advisory opinion | |
| 22 | The "Arctic Sunrise" Case | Netherlands
|
Russia
|
21 October 2013 | 22 November 2013 | Order on provisional measures |
| 23 | Dispute concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean | Ghana /  Ivory Coast
|
3 December 2014 | 23 September 2017 | Judgment on merits | |
| 24 | The "Enrica Lexie" Incident | Italy
|
India
|
21 July 2015 | 24 August 2015 | Order on provisional measures |
| 25 | The M/V "Norstar" Case | Panama
|
Italy
|
17 December 2015 | 10 April 2019 | Judgment on merits |
| 26 | Case concerning the Detention of Three Ukrainian Naval Vessels | Ukraine
|
Russia
|
16 April 2019 | 25 May 2019 | Order on provisional measures |
| 27 | The M/T "San Padre Pio" Case |  Switzerland
|
 Nigeria
|
21 May 2019 | 6 July 2019 | Order on provisional measures |
| 28 | Dispute concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean |  Mauritius /  Maldives
|
24 September 2019 | 28 January 2021 | Judgment on merits | |
| 29 | The M/T "San Padre Pio" (No. 2) Case | Switzerland / Nigeria
|
17 December 2019 | 29 December 2021 | Terminated at request of parties | |
Notes
| ||||||
References
- SM Mitchell; EJ Powell. "Forum Shopping for the Best Adjudicator: Conflict Management and the International Tribunal for the Law of the Sea (Itlos)" (PDF). APSA 2011 Annual Meeting Paper. American Political Science Association.
- Groves, Steven (12 March 2012). "Accession to U.N. Convention on the Law of the Sea Would Expose the U.S. to Baseless Climate Change Lawsuits". The Heritage Foundation. Archived from the original on 14 March 2012.
- "Iran strikes in Strait of Hormuz as Middle East tanker tensions explode". Trade Winds. 22 July 2019.
- García-Revillo, Miguel G. (2016). "3. International Tribunal for the Law of the Sea (ITLOS)". Yearbook of International Environmental Law. 27: 424–426. doi:10.1093/yiel/yvx077.
- "Press release" (PDF). www.itlos.org. 27 September 2019. Retrieved 28 October 2020.
- "International Tribunal for the Law of the Sea: Seat". www.itlos.org. Retrieved 2 February 2022.
- ITLOS. "ITLOS AND SINGAPORE SIGN MODEL AGREEMENT TO ENABLE THE TRIBUNAL TO SIT IN SINGAPORE" (PDF).
- Auto, Hermes (11 June 2020). "Law of the sea disputes can now be heard in Singapore under signed agreement | The Straits Times". www.straitstimes.com. Retrieved 2 February 2022.
External links
- Official ITLOS Site
- International Foundation for the Law of the Sea
- Privileges and Immunities, Berlin, 14 December 2004
53°33′04″N 9°51′03″E / 53.55111°N 9.85083°E / 53.55111; 9.85083
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