ITLOS and its structure, duties, Composition,jurisdiction, competence and authorities

The International Tribunal for the Law of the Sea is an independent 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 composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

The Tribunal has jurisdiction over any dispute concerning the interpretation or application of the Convention, and over all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal (Statute, article 21). The Tribunal is open to States Parties to the Convention (i.e. States and international organisations which are parties to the Convention). It is also open to entities other than States Parties, i.e., States or intergovernmental organisations which are not parties to the Convention, and to state enterprises and private entities “in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case” (Statute, article 20)

The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982 and entered into force on 28 July 1996. A subsequent Agreement relating to the implementation of Part XI of the Convention was adopted on 28 July 1994 and entered into force on 28 July 1996. This Agreement and Part XI of the Convention are to be interpreted and applied together as a single instrument. 

The Convention establishes a comprehensive legal framework to regulate all ocean space, its uses and resources. It contains, among other things, provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. It also provides for the protection and preservation of the marine environment, for marine scientific research and for the development and transfer of marine technology. One of the most important parts of the Convention concerns the exploration for and exploitation of the resources of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (the Area). The Convention declares the Area and its resources to be “the common heritage of mankind”. The International Seabed Authority, established by the Convention, administers the resources of the Area.

Part XV of the Convention lays down a comprehensive system for the settlement of disputes that might arise with respect to the interpretation and application of the Convention. It requires States Parties to settle their disputes concerning the interpretation or application of the Convention by peaceful means indicated in the Charter of the United Nations. However, if parties to a dispute fail to reach a settlement by peaceful means of their own choice, they are obliged to resort to the compulsory dispute settlement procedures entailing binding decisions, subject to limitations and exceptions contained in the Convention.

The mechanism established by the Convention provides for four alternative means for the settlement of disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal constituted in accordance with Annex VII to the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII to the Convention. 

A State Party is free to choose one or more of these means by a written declaration to be made under article 287 of the Convention and deposited with the Secretary-General of the United Nations (declarations made by States Parties under article 287).

If the parties to a dispute have not accepted the same settlement procedure, the dispute may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree.

The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons) (Access to the Tribunal).

jurisdiction

The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. To date, sixteen multilateral agreements have been concluded which confer jurisdiction on the Tribunal (relevant provisions of these agreements).

Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crews under article 292 of the Convention and to provisional measures pending the constitution of an arbitral tribunal under article 290, paragraph 5, of the Convention.

The Seabed Disputes Chamber is competent to give advisory opinions on legal questions arising within the scope of the activities of the International Seabed Authority. The Tribunal may also give advisory opinions in certain cases under international agreements related to the purposes of the Convention.

Disputes before the Tribunal are instituted either by written application or by notification of a special agreement. The procedure to be followed for the conduct of cases submitted to the Tribunal is defined in its Statute and Rules.

Members of the Tribunal since 1996

NameStatePeriod of OfficePresidentVice-President
Akl, JosephLebanon1996-2017 2005-2008
Anderson, DavidUnited Kingdom1996-2005  
Attard, David JosephMaltasince 2011 2017-2020
Ballah, Lennox Fitzroy*Trinidad and Tobago2002-2003  
Bamela Engo, Paul*Cameroon1996-2008  
Bouguetaia, BoualemAlgeriasince 2008 2014-2017
Brown, Kathy-AnnJamaicasince 2020  
Cabello Sarubbi, ÓscarParaguaysince 2017  
Cachapuz de Medeiros, Antonio*Brazil2016-2016  
Caminos, Hugo*Argentina1996-2011  
Caracciolo, IdaItalysince 2020  
Chadha, NeeruIndiasince 2017  
Chandrasekhara Rao, P.*India1996-20171999-2002 
Cot, Jean-PierreFrance2002-2020  
Duan, JielongChinasince 2020  
Eiriksson, GudmundurIceland1996-2002  
Gao, ZhiguoChina2008-2020  
Gómez-Robledo Verduzco, AlonsoMexicosince 2014  
Golitsyn, Vladimir VladimirovichRussian Federation2008-20172014-2017​ 
Heidar, TomasIcelandsince 2014 since 2020
Hoffmann, AlbertSouth Africasince 2005since 20202011-2014
Infante Caffi, María TeresaChilesince 2020  
Jesus, José LuisCape Verdesince 19992008-2011 
Kamga, MauriceCameroonsince 2020  
Kateka, JamesUnited Republic of Tanzaniasince 2005  
Kelly, ElsaArgentina2011-2020  
Kittichaisaree, KriangsakThailandsince 2017  
Kolodkin, Anatoly Lazarevich*Russian Federation1996-2008  
Kolodkin, RomanRussian Federationsince 2017  
Kulyk, Markiyan Z.Ukrainesince 2011  
Laing, Edward Arthur*Belize1996-2001  
Lijnzaad, LiesbethThe Netherlandssince 2017  
Lucky, Anthony AmosTrinidad and Tobago2003-2020  
Marotta Rangel, Vicente*Brazil1996-2015  
Marsit, Mohamed Mouldi*Tunisia1996-2005  
Mensah, Thomas A.*Ghana1996-20051996-1999 
Ndiaye, Tafsir MalickSenegal1996-2020  
Nelson, L. Dolliver M.*Grenada1996-20142002-20051999-2002
Paik, Jin-HyunRepublic of Koreasince 20092017-2020 
Park, Choon-Ho*Republic of Korea1996-2008  
Pawlak, StanislawPolandsince 2005  
Treves, TullioItaly1996-2011  
Türk, HelmutAustria2005-2014 2008-2011
Vukas, BudislavCroatia1996-2005 2002-2005 
Warioba, Joseph SindeUnited Republic of Tanzania1996-1999  
Wolfrum, RüdigerGermany1996-20172005-20081996-1999​
Xu, GuangjianChina2001-2007  
Yamamoto, Soji*Japan1996-2005  
Yanai, ShunjiJapansince 20052011-2014 
Yankov, Alexander*Bulgaria1996-2011  
Zhao, Lihai*China1996-2000  

Administrative Sessions

The Tribunal holds two administrative sessions a year to carry out functions not necessarily related to cases. These include the preparation of budget proposals, adoption of an annual report to the Meetings of States Parties, consideration of organizational and procedural matters related to the Tribunal and the preparation of further reports and publications.

To date fifty administrative sessions have been held by the Tribunal.

The Tribunal has established six committees to deal with matters not directly related to cases. Each committee is constituted annually. The committees are as follows:

Committee on Rules and Judicial Practice
The Committee on Rules and Judicial Practice is entrusted with the function of reviewing the Rules of the Tribunal and their application, the Resolution on the Internal Judicial Practice of the Tribunal and the Guidelines concerning the Preparation and Presentation of Cases before the Tribunal. The Committee is responsible for proposing any modification which it may determine necessary or appropriate for the consideration of the Tribunal. The Committee is chaired by the President of the Tribunal, Judge Hoffmann; its other members are Vice-President Heidar and Judges Pawlak, Yanai, Kateka, Paik, Chadha, Kittichaisaree, Kolodkin and Kamga.

Committee on Budget and Finance
The Committee on Budget and Finance makes proposals to the Tribunal on budgetary and financial matters. In particular, the Committee is responsible for considering and making recommendations on draft budget proposals and financial regulations, as prepared by the Registrar, and on the management of the finances and accounts of the Tribunal. It also reviews the accounting and financial reports of the Tribunal and makes recommendations thereon, as necessary. Judge Yanai is the Chairman of the Committee; the other members of the Committee are Judges Jesus, Pawlak, Bouguetaia, Kulyk, Cabello Sarubbi, Chadha, Lijnzaad and Duan.

Committee on Staff and Administration
The Committee on Staff and Administration is mandated to make recommendations to the Tribunal on matters concerning the administration and the staffing of the Registry, with special reference to the terms and conditions of service and the procedures for recruitment, discipline and separation from service. The Chairman of the Committee is Judge Lijnzaad; the other members of the Committee are Judges Jesus, Kulyk, Chadha, Infante Caffi and Caracciolo.

Committee on Library, Archives and Publications
The Committee on Library, Archives and Publications advises on the organization, requirements and functioning of the library including, in particular, policy and procedures for the development of the collections. The Committee also makes recommendations concerning publications, with special reference to the nature and format of publications to be issued. The Chairman of the Committee is Judge Kolodkin; the other members of the Committee are Judges Attard, Gómez-Robledo Verduzco, Kittichaisaree, Infante Caffi and Kamga.

Committee on Buildings and Electronic Systems
The Committee on Buildings and Electronic Systems makes recommendations with respect to the permanent premises of the Tribunal, including associated electronic systems and services. In addition its mandate encompasses the works of art, information systems and electronic equipment for the premises. The Chairman of the Committee is Judge Cabello Sarubbi. The members of the Committee are Judges Kateka, Attard, Duan, Brown and Caracciolo.

Committee on Public Relations
The Committee on Public Relations is responsible for preparing and proposing measures to promote the work of the Tribunal with a view to the wider dissemination of practical information on the activities of the Tribunal, and for maintaining its relations with other international organizations and institutions, international bodies and conferences dealing with international law, law of the sea and maritime law. The Chairman of the Committee is Judge Paik; the other members of the Committee are Judges Pawlak, Bouguetaia, Gómez-Robledo Verduzco and Brown.

UNCLOS

The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982. It entered into force 12 years later, on 16 November 1994. A subsequent Agreement relating to the implementation of Part XI of the Convention was adopted on 28 July 1994 and entered into force on 28 July 1996. This Agreement and Part XI of the Convention are to be interpreted and applied together as a single instrument. 

The origins of the Convention date from 1 November 1967 when Ambassador Arvid Pardo of Malta addressed the General Assembly of the United Nations and called for “an effective international regime over the seabed and the ocean floor beyond a clearly defined national jurisdiction”. This led to the convening, in 1973, of the Third United Nations Conference on the Law of the Sea, which after nine years of negotiations adopted the Convention. 

The Convention establishes a comprehensive legal framework to regulate all ocean space, its uses and resources. It contains, among other things, provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. It also provides for the protection and preservation of the marine environment, for marine scientific research and for the development and transfer of marine technology. One of the most important parts of the Convention concerns the exploration for and exploitation of the resources of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (the Area). The Convention declares the Area and its resources to be “the common heritage of mankind”. The International Seabed Authority, established by the Convention, administers the resources of the Area. 

The text of the Convention, information regarding its historical background, and further information may be found on the website of the Division for Ocean Affairs and the Law of the Sea.

Relationship with the United Nations

Although the Tribunal was established by a United Nations convention, it is not an “organ” of the United Nations. Even so, it maintains close links with the United Nations and in 1997 the Tribunal concluded an Agreement on Cooperation and Relationship between the United Nations and the International Tribunal for the Law of the Sea, which establishes a mechanism for cooperation between the two institutions.

United Nations General Assembly

Observer Status

At its fifty-first session, the General Assembly of the United Nations granted observer status to the Tribunal (General Assembly resolution A/RES/51/204 of 17 December 1996). Observer status enables the Tribunal to participate in the meetings and the work of the General Assembly when matters of relevance to the Tribunal are being considered. The United Nations General Assembly considers the agenda item ‘Oceans and the law of the sea’ every year. The President of the Tribunal is invited to address the General Assembly on that occasion. The General Assembly has adopted numerous resolutions on this topic.

Statements of the President

General Assembly resolutions and decisions relating to Oceans and the Law of the Sea

United Nations Appeals Tribunal

An agreement between the Tribunal and the United Nations Appeals Tribunal was concluded and signed by the President of the Tribunal on 23 June 2010 and by the Secretary-General of the United Nations on 13 July 2010. The Agreement extends the competence of the United Nations Appeals Tribunal to the Tribunal with respect to applications alleging non-compliance with the terms of appointment or contracts of employment of staff members of the Registry.

International Civil Service Commission

In 2016 the Tribunal became a participant in the International Civil Service Commission, an independent body established by the United Nations General Assembly to regulate and coordinate the conditions of service of staff in the United Nations common system.

Privileges and Immunities

Statute of the Tribunal

The Statute contains general provisions concerning the privileges and immunities of the members of the Tribunal. According to article 10 of the Statute, the members of the Tribunal, when engaged on the business of the Tribunal, enjoy diplomatic privileges and immunities. The salaries, allowances and compensation received by elected members of the Tribunal, members chosen under article 17 of the Statute and the Registrar are free of all taxation (Statute, article 18, paragraph 8).

Agreement on the Privileges and Immunities

The Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea, adopted by the seventh Meeting of States Parties on 23 May 1997, was deposited with the Secretary-General of the United Nations and opened for signature at United Nations Headquarters for twenty-four months from 1 July 1997. The Agreement is subject to ratification or accession and entered into force 30 days after the date of deposit of the tenth instrument of ratification or accession, on 30 December 2001. There are 41 States Parties to the Agreement.

Headquarters Agreement

The Agreement between the International Tribunal for the Law of the Sea and the Federal Republic of Germany regarding the Headquarters of the Tribunal defines the legal status of the Tribunal in Germany and regulates the relations between the Tribunal and the host country. The Agreement recalls in its Preamble that “the Tribunal should enjoy such legal capacity, privileges and immunities as are necessary for the exercise of its functions”. It contains provisions on matters such as the law applicable to the headquarters district, the immunity of the Tribunal, its property, assets and funds, and the privileges, immunities and exemptions to be accorded to the Members of the Tribunal and its officials, as well as to Agents representing parties, counsel and advocates and witnesses and experts who are required to appear before the Tribunal.

The Headquarters Agreement was signed on 14 December 2004 in Berlin and entered into force on 1 May 2007.

Seat

The seat of the Tribunal is in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany. The main entrance to the Tribunal is to be found at Am Internationalen Seegerichtshof 1 in Nienstedten, a village to the south west of the centre of Hamburg. 

Finances


By virtue of article 19, paragraph 1, of the Statute, the expenses of the Tribunal are borne by the States Parties and by the International Seabed Authority on such terms and in such a manner as shall be decided at Meetings of the States Parties

Financial Regulations and Rules

The Financial Regulations of the Tribunal were adopted by the thirteenth Meeting of States Parties on 12 June 2003 and became effective on 1 January 2004. The draft Financial Rules of the Tribunal were submitted to the fourteenth Meeting of States Parties pursuant to regulation 10.1(a), of the Financial Regulations of the Tribunal. The Meeting took note of the Financial Rules on 15 June 2004. In accordance with rule 114.1, the Financial Rules of the Tribunal became effective on 1 January 2005.

Audit

The accounts of the Tribunal are audited after the end of each financial period, which corresponds to two calendar years. The audit reports are made available to the Meeting of States Parties.

Trust Fund

The General Assembly of the United Nations approved on 30 October 2000 the establishment of a voluntary trust fund to assist States in the settlement of disputes through the International Tribunal for the Law of the Sea (Resolution 55/7on “Oceans and the law of the sea”). The fund has been established and is operational.

Budget for 2021-2022

The Meeting of States Parties approved a budget for 2021-2022 totaling EUR 24,155,000 (SPLOS/30/17).

Contributions to the budget for 2021-2022

Contributions of States Parties to the budget for 2021-2022 are to be based upon the scale of assessments of the regular budget of the United Nations for the preceding financial year, adjusted to take account of participation in the Convention. The Meeting of States Parties decided that a floor rate of 0.01 per cent and a ceiling rate of 22 per cent would be used in establishing the rate of assessment for States Parties for the budget for 2021-2022. It also took note that the contribution of the European Union to the budget would amount to EUR 110,000 for each year.

Salaries and Expenses of Judges

The salaries, allowances and compensation of members of the Tribunal are determined from time to time at meetings of the States Parties, taking into account the workload of the Tribunal. They may not be decreased during the term of office (Statute, article 18, paragraph 5). 

The overall remuneration of the members of the Tribunal currently consists of three elements: an annual allowance, a special allowance for each day that they are engaged on the business of the Tribunal, and a subsistence allowance for each day that they are required to be present at the seat of the Tribunal. 

In accordance with article 18, paragraph 2, of the Statute, the President of the Tribunal, who resides at the seat of the Tribunal, receives an overall annual remuneration of US$ 168,878 and a special annual allowance of US$ 15,000. The Vice-President of the Tribunal is entitled to receive a special allowance for each day on which the Vice-President acts as President.

Judges ad hoc are entitled to receive compensation for each day on which they exercise their functions (Statute, article 18, paragraph 4). 

Pension Scheme Regulations for Members of the Tribunal, adopted by the ninth Meeting of States Parties on 28 May 1999 and amended by the nineteenth Meeting of States Parties on 26 June 2009, determine the conditions under which pensions may be given to members of the Tribunal (Statute, article 18, paragraph 7). 

The travelling expenses of the members of the Tribunal are met in accordance with regulations adopted at Meetings of the States Parties (Statute, article 18, paragraph 7).

Salaries, Allowances and Expenses of the Registrar and Officials of the Registry

The salary of the Registrar is determined at Meetings of the States Parties, on the proposal of the Tribunal (Statute, article 18, paragraph 6). As determined at the fourth Meeting of States Parties, the Registrar has a rank equivalent to an Assistant Secretary-General of the United Nations. The Deputy Registrar has the rank of a Director (D-2). 

The staff of the Registry is remunerated according to the practice of the United Nations common system of salaries, allowances and benefits, as administered by the International Civil Service Commission. The Tribunal participates in the United Nations Joint Staff Pension Fund. 

The travelling expenses of staff of the Registry are paid under the conditions set out in the Staff Regulations and Staff Rules of the Tribunal.

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