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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 | December 10, 1982 |
| • UNCLOS in force | November 16, 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 December 10, 1982. The Convention entered into force on November 16, 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 |
|---|---|---|---|---|
 Cape Verde
|
José Luís Jesus | 1999 | 2008–2011 | |
 Poland
|
Stanisław Pawlak | 2005 | ||
 Japan
|
Shunji Yanai | 2005 | 2011–2014 | |
 Tanzania
|
James Kateka | 2005 | ||
| South Africa
|
Albert J. Hoffmann | 2005 | 2020–present | 2011–2014 |
 Algeria
|
Boualem Bouguetaia | 2008 | 2014–2017 | |
 South Korea
|
Paik Jin-hyun | 2009 | 2017–2020 | |
 Malta
|
David Attard | 2011 | 2017–2020 | |
 Ukraine
|
Markiyan Kulyk | 2011 | ||
 Mexico
|
Alonso Gómez-Robledo | 2014 | ||
| Iceland
|
Tomas Heiðar | 2014 | 2020–present | |
 Paraguay
|
Óscar Cabello Sarubbi | 2017 | ||
 India
|
Neeru Chadha | 2017 | ||
 Thailand
|
Kriangsak Kittichaisaree | 2017 | ||
 Russia
|
Roman Kolodkin | 2017 | ||
 Netherlands
|
Liesbeth Lijnzaad | 2017 | ||
 Chile
|
María Teresa Infante Caffi | 2020 | ||
 Jamaica
|
Kathy-Ann Brown | 2020 | ||
 Italy
|
Ida Caracciolo | 2020 | ||
 Cameroon
|
Maurice Kamga | 2020 | ||
 China
|
Duan Jielong | 2020 |
Former judges
Cases
| Name | Applicant | Respondent | Case began | Case ended | Disposition |
|---|---|---|---|---|---|
| The M/V "Saiga" Case |  Saint Vincent and the Grenadines
|
 Guinea
|
November 13, 1997 | December 4, 1997 | Judgment on prompt release |
| The M/V "Saiga" (No. 2) Case | Saint Vincent and the Grenadines
|
Guinea
|
January 13, 1998 | July 1, 1999 | Judgment on merits |
| Southern Bluefin Tuna Cases |  New Zealand
|
Japan
|
July 30, 1999 | August 27, 1999 | Order on provisional measures |
 Australia
| |||||
| The "Camouco" Case |  Panama
|
 France
|
January 17, 2000 | February 7, 2000 | Judgment on prompt release |
| The "Monte Confurco" Case |  Seychelles
|
France
|
November 27, 2000 | December 18, 2000 | Judgment on prompt release |
| Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean | Chile /  European Union
|
December 19, 2000 | December 16, 2009 | Terminated at request of parties | |
| The "Grand Prince" Case |  Belize
|
France
|
March 21, 2001 | April 20, 2001 | Judgment on prompt release |
| The "Chaisiri Reefer 2" Case | Panama
|
 Yemen
|
July 3, 2001 | July 13, 2001 | Terminated at request of parties |
| The MOX Plant Case |  Ireland
|
 United Kingdom
|
November 9, 2001 | December 3, 2001 | Order on provisional measures |
| The "Volga" Case | Russia
|
Australia
|
December 2, 2002 | December 23, 2002 | Judgment on prompt release |
| Case concerning Land Reclamation by Singapore in and Around the Straits of Johor |  Malaysia
|
 Singapore
|
September 5, 2003 | October 8, 2003 | Order on provisional measures |
| The "Juno Trader" Case | Saint Vincent and the Grenadines
|
 Guinea-Bissau
|
November 18, 2004 | December 18, 2004 | Judgment on prompt release |
| The "Hoshinmaru" Case | Japan
|
Russia
|
July 6, 2007 | August 6, 2007 | Judgment on prompt release |
| The "Tomimaru" Case | Japan
|
Russia
|
July 6, 2007 | August 6, 2007 | Judgment on prompt release |
| Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal |  Bangladesh /  Myanmar
|
December 14, 2009 | March 14, 2012 | Judgment on merits | |
| Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area | International Seabed Authority | May 14, 2010 | February 1, 2011 | Advisory opinion | |
| The M/V "Louisa" Case | Saint Vincent and the Grenadines
|
 Spain
|
November 24, 2010 | May 28, 2013 | Judgment on merits |
| The M/V "Virginia G" Case | Panama / Guinea-Bissau
|
July 4, 2011 | April 14, 2014 | Judgment on merits | |
| The "ARA Libertad" Case |  Argentina
|
 Ghana
|
November 14, 2012 | December 15, 2012 | Order on provisional measures |
| Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission (SRFC) | Sub-Regional Fisheries Commission | March 28, 2013 | April 2, 2015 | Advisory opinion | |
| The "Arctic Sunrise" Case | Netherlands
|
Russia
|
October 21, 2013 | November 22, 2013 | Order on provisional measures |
| Dispute concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean | Ghana /  Ivory Coast
|
December 3, 2014 | September 23, 2017 | Judgment on merits | |
| The "Enrica Lexie" Incident | Italy
|
India
|
July 21, 2015 | August 24, 2015 | Order on provisional measures |
| The M/V "Norstar" Case | Panama
|
Italy
|
December 17, 2015 | April 10, 2019 | Judgment on merits |
| Case concerning the Detention of Three Ukrainian Naval Vessels | Ukraine
|
Russia
|
April 16, 2019 | May 25, 2019 | Order on provisional measures |
| The M/T "San Padre Pio" Case |  Switzerland
|
 Nigeria
|
May 21, 2019 | July 6, 2019 | Order on provisional measures |
| Dispute concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean |  Mauritius /  Maldives
|
September 24, 2019 | Ongoing | ||
| The M/T "San Padre Pio" (No. 2) Case | Switzerland / Nigeria
|
December 17, 2019 | December 29, 2021 | Terminated at request of parties | |
| The M/T "Heroic Idun" Case |  Marshall Islands
|
 Equatorial Guinea
|
November 10, 2022 | November 15, 2022 | Terminated at request of applicant |
| Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law | Commission of Small Island States on Climate Change and International Law | December 12, 2022 | Ongoing | ||
- The European Union replaced and succeeded the European Community as a party to the case on December 1, 2009.
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 (March 12, 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 March 14, 2012.
- "Iran strikes in Strait of Hormuz as Middle East tanker tensions explode". Trade Winds. July 22, 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. September 27, 2019. Retrieved October 28, 2020.
- "International Tribunal for the Law of the Sea: Seat". www.itlos.org. Retrieved February 2, 2022.
- ITLOS. "ITLOS AND SINGAPORE SIGN MODEL AGREEMENT TO ENABLE THE TRIBUNAL TO SIT IN SINGAPORE" (PDF).
- Auto, Hermes (June 11, 2020). "Law of the sea disputes can now be heard in Singapore under signed agreement | The Straits Times". www.straitstimes.com. Retrieved February 2, 2022.
External links
- Official website
- International Foundation for the Law of the Sea
- Privileges and Immunities, Berlin, December 14, 2004
53°33′04″N 9°51′03″E / 53.55111°N 9.85083°E / 53.55111; 9.85083
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