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

Author: P. Chandrasekhara Rao

Publisher: Martinus Nijhoff Publishers

Published: 2001-07-06

Total Pages: 264

ISBN-13: 9789041116017

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This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.

The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea
The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea

Author: Miguel García García-Revillo

Publisher: BRILL

Published: 2015-11-02

Total Pages: 356

ISBN-13: 9004200991

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In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo offers an in-depth examination of all relevant facets of the jurisdiction of this important international judicial institution. Created by the United Nations Convention on the Law of the Sea, ITLOS plays an essential role not only in respect to the interpretation of this major international treaty but also to the contemporary law of the sea in general. The book covers both the contentious (ratione materiae, ratione personae, mainline, incidental, compulsory, not compulsory) and the advisory jurisdiction of ITLOS, which are analysed not only from a theoretical perspective but also in light of the own Tribunal's jurisprudence.

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

Author: Kriangsak Kittichaisaree

Publisher: Oxford University Press, USA

Published: 2021-01-21

Total Pages: 241

ISBN-13: 0198865295

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Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals
Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Author: Angela Del Vecchio

Publisher: Springer

Published: 2019-04-25

Total Pages: 437

ISBN-13: 3030107736

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This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 19 (2015)
Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 19 (2015)

Author: Intl. Tribunal for the Law of the Sea

Publisher: BRILL

Published: 2022-08-15

Total Pages: 575

ISBN-13: 9004334696

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The International Tribunal for the Law of the Sea is an autonomous judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal. Le Tribunal international du droit de la mer est un organe judiciaire indépendant, créé par la Convention des Nations Unies sur le droit de la mer, pour connaître des différends relatifs à l’interprétation et l’application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention. Il est également ouvert à des entités autres que les Etats Parties (Etats et organisations internationales non parties à la Convention et personnes physiques et morales) dans les cas prévus par la Convention ou par d’autres accords conférant compétence au Tribunal.

The Rules of the International Tribunal for the Law of the Sea
The Rules of the International Tribunal for the Law of the Sea

Author: P. Chandrasekhara Rao

Publisher: Martinus Nijhoff Publishers

Published: 2006

Total Pages: 534

ISBN-13: 9004152407

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The International Tribunal for the Law of the Sea, a judicial institution created by the 1982 United Nations Convention on the Law of the Sea, began its activities on 1 October 1996. Together with the Statute of the Tribunal (Annex VI to the Convention), the Rules of the Tribunal, adopted on 28 October 1997, govern the functioning of the Tribunal and the proceedings before it. The objective of this "Commentary" is to give to legal practitioners and academics a detailed analysis of the provisions contained in the Rules. In doing so, the contributors, who are Judges of the Tribunal or members of its Registry, paid particular attention to the practice and the jurisprudence of the Tribunal as well as to the corresponding provisions in the Rules of the International Court of Justice.

Legitimacy and International Courts
Legitimacy and International Courts

Author: Nienke Grossman

Publisher: Cambridge University Press

Published: 2018-02-22

Total Pages: 397

ISBN-13: 1108540228

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One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Maritime Delimitation
Maritime Delimitation

Author: Rainer Lagoni

Publisher: BRILL

Published: 2006

Total Pages: 255

ISBN-13: 9004150331

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The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.