International Tribunal for the Law of the Sea (what and where?)

 International Tribunal for the Law of the Sea

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. 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. 

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.

Pursuant to the provisions of its Statute, the Tribunal has formed the following Chambers: the Chamber of Summary Procedure, the Chamber for Fisheries Disputes, the Chamber for Marine Environment Disputes and the Chamber for Maritime Delimitation Disputes. 

At the request of the parties, the Tribunal has also formed special chambers to deal with the Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European Community)and the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire).

Disputes relating to activities in the International Seabed Area are submitted to the Seabed Disputes Chamber of the Tribunal, consisting of 11 judges. Any party to a dispute over which the Seabed Disputes Chamber has jurisdiction may request the Seabed Disputes Chamber to form an ad hoc chamber composed of three members of the Seabed Disputes Chamber. 

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). 

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, twelve 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.

History


3 December 1973, New York

Opening of the Third United Nations Conference on the Law of the Sea, during which the United Nations Convention on the Law of the Sea is drafted. The conference is held in New York, Geneva and Caracas.

27 August 1974, Caracas

The informal working group formed to discuss all matters pertaining to the settlement of disputes which could arise out the application or interpretation of the Convention proposes three distinct mechanisms, i.e. arbitration, the International Court of Justice and a tribunal for the law of the sea in what was known as the ‘Document of Caracas’.

22-23 March 1975, Geneva

The proposals for a three-fold mechanism for the settlement of disputes become known as the ‘Montreux Formula’ after a meeting of the informal working group in Montreux. 

May 1975, Geneva

After the third session, the President of the Conference submits to the delegations an informal single negotiating text on the settlement of disputes which contains a draft Statute of the Law of the Sea Tribunal, but also considers the creation of a tribunal to deal exclusively with activities in the Area, as an organ of the International Seabed Authority

1976, New York

The issue of the settlement of disputes is debated for the first time in the plenary of the Conference. The ‘Montreux Formula’ is adopted and the Conference opts for the creation of a single tribunal with a specialized chamber to deal with disputes relating to the Area.

15 July 1977, New York

The first consolidated text of the proposed Convention is presented, with the dispute settlement procedure accepted as an integral part of the Convention rather than an additional and optional protocol.

22 September 1980, New York

The name for the adjudicatory body created by the Convention is adopted: the International Tribunal for the Law of the Sea.

21 August 1981, New York

Hamburg is chosen as the seat of the Tribunal by the Conference.

10 December 1982Montego Bay

The Convention opens for signature.

15 March 1983, Kingston

The first meeting of the Preparatory Committee to discuss all issues pertaining to the concrete establishment and operation of the Tribunal.

16 November 1993, New York

Guyana deposits the 60th ratification of the Convention with the Secretary-General of the United Nations, allowing the Convention to enter into force twelve months later.

14 October 1994, New York

The Federal Republic of Germany accedes to the Convention.

16 November 1994, New York

The Convention enters into force.

22 November 1994, New York

The first Meeting of the Parties to the Law of the Sea Convention. The Parties agree to defer the first election of the members of the Tribunal to 1 August 1996.

1 August 1996, New York

The election of the first 21 Judges by the fifth Meeting of States Parties to the Convention.

5 October 1996, Hamburg

The Judges elect the first President of the Tribunal (Thomas A. Mensah of Ghana) and Vice-President (Rüdiger Wolfrum of Germany).

18 October 1996, Hamburg

The ceremonial inauguration of the Tribunal takes place in the presence of the Secretary-General of the United Nations, Dr Boutros Boutros-Ghali.

21 October 1996, Hamburg

The Tribunal appoints Gritakumar Chitty (Sri Lanka) as Registrar.

17 December 1996, New York

The Tribunal is granted observer status at the UN General Assembly.

3 March 1997, Hamburg

The Tribunal establishes the Seabed Disputes Chamber, the Chamber for Fisheries Disputes and the Chamber for Marine Environment Disputes.

23 May 1997, New York

The Parties to the Law of the Sea Convention adopt the Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea.

28 October 1997, Hamburg

The Tribunal adopts its Rules of Procedure.

13 November 1997, Hamburg

The first case is submitted to the Tribunal, The M/V “SAIGA” Case (Saint Vincent and the Grenadinesv.Guinea), Prompt Release.

4 December 1997, Hamburg

The Tribunal delivers its first judgment.

18 December 1997, Hamburg

The United Nations and the International Tribunal for the Law of the Sea sign an Agreement on Cooperation and Relationship.

8 September 1998, Hamburg

Entry into force of the Relationship Agreement between the Tribunal and the United Nations.

3 July 2000, Hamburg

The official opening of the new headquarters of the Tribunal takes place in the presence of the Secretary-General of the United Nations, Mr Kofi Annan.

10 December 2003, Hamburg

Establishment of the International Foundation for the Law of the Sea (IFLOS).

14 December 2004, Berlin

Agreement signed between the International Tribunal for the Law of the Sea and the Federal Republic of Germany regarding the Headquarters of the Tribunal.

29 September 2006, Hamburg

The Tenth Anniversary of the Tribunal.

16 March 2007, Hamburg

The Tribunal creates a standing special chamber to deal with maritime delimitation disputes pursuant to article 15, paragraph 1, of the Tribunal’s Statute.

7 October 2016, Hamburg

20th Anniversary Commemorative Ceremony.

Members

The Tribunal is composed of 21 independent members elected by secret ballot by the States Parties to the Convention. Each State Party may nominate up to two candidates from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

No two members may be nationals of the same State and in the Tribunal as a whole it is necessary to assure the representation of the principal legal systems of the world and equitable geographical distribution; there shall be no fewer than three members from each geographical group as established by the General Assembly of the United Nations (African States, Asian States, Eastern European States, Latin American and Caribbean States and Western European and Other States). Members are elected for nine years and may be re-elected; the terms of one third of the members expire every three years.

The current composition of the Tribunal is as follows:

President 

Jin-Hyun Paik (Republic of Korea)

Vice-President

David Joseph Attard (Malta)                  

Judges

Tafsir Malick Ndiaye (Senegal)        

José Luis Jesus (Cabo Verde)

Jean-Pierre Cot (France)                                                           

Anthony Amos Lucky (Trinidad and Tobago)

Stanislaw Michal Pawlak (Poland)

Shunji Yanai (Japan) 

James L. Kateka (United Republic of Tanzania)   

Albert J. Hoffmann (South Africa)

Zhiguo Gao (China)

Boualem Bouguetaia (Algeria)      

Elsa Kelly (Argentina)

Markiyan Z. Kulyk (Ukraine)

Alonso Gómez-Robledo Verduzco (Mexico)

Tomas Heidar (Iceland)

Óscar Cabello Sarubbi (Paraguay)

Neeru Chadha (India)

Kriangsak Kittichaisaree (Thailand)

Roman Kolodkin (Russian Federation)

Liesbeth Lijnzaad (The Netherlands)


Complete list of the Members of the Tribunal since 1996

Committees

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 Paik; its other members are Vice-President Attard and Judges Ndiaye, Jesus, Cot, Gómez-Robledo, Heidar, Chadha add Lijnzaad.

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, Hoffmann, Gao, Bouguetaia, Kulyk, Gómez-Robledo and Cabello.

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 Jesus; the other members of the Committee are Judges Hoffmann, Lucky, Yanai, Heidar and Kolodkin.

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 Gao; the other members of the Committee are Judges Ndiaye, Pawlak, Kateka, Gómez-Robledo and Kolodkin.

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 Kulyk. The members of the Committee are Judges Cot, Lucky, Kateka, Kelly and Kittichaisaree.

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 Heidar; the other members of the Committee are Judges Cabello, Chadha, Kittichaisaree and Lijnzaad.\

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 forty-eight sessions have been held by the Tribunal.

Annual Reports

The reports of the Tribunal are submitted to the Meeting of States Parties under rule 6, paragraph 3 (d), of the Rules of Procedure for Meetings of States Parties and cover the period from 1 January to 31 December of each year.

  • SPLOS/29/2 – Annual Report of the International Tribunal for the Law of the Sea for 2018
  • SPLOS/317 – Annual Report of the International Tribunal for the Law of the Sea for 2017
  • SPLOS/304 – Annual Report of the International Tribunal for the Law of the Sea for 2016
  • SPLOS/294 – Annual Report of the International Tribunal for the Law of the Sea for 2015
  • SPLOS/278 – Annual Report of the International Tribunal for the Law of the Sea for 2014
  • SPLOS/267 – Annual Report of the International Tribunal for the Law of the Sea for 2013
  • SPLOS/256 – Annual Report of the International Tribunal for the Law of the Sea for 2012
  • SPLOS/241 – Annual Report of the International Tribunal for the Law of the Sea for 2011
  • SPLOS/222 – Annual Report of the International Tribunal for the Law of the Sea for 2010
  • SPLOS/204 – Annual Report of the International Tribunal for the Law of the Sea for 2009
  • SPLOS/191 – Annual Report of the International Tribunal for the Law of the Sea for 2008
  • SPLOS/174 – Annual Report of the International Tribunal for the Law of the Sea for 2007
  • SPLOS/152– Annual Report of the International Tribunal for the Law of the Sea for 2006
  • SPLOS/136– Annual Report of the International Tribunal for the Law of the Sea for 2005
  • SPLOS/122– Annual Report of the International Tribunal for the Law of the Sea for 2004
  • SPLOS/109– Annual Report of the International Tribunal for the Law of the Sea for 2003
  • SPLOS/92– Annual Report of the International Tribunal for the Law of the Sea for 2002
  • SPLOS/74– Annual Report of the International Tribunal for the Law of the Sea for 2001
  • SPLOS/63– Annual Report of the International Tribunal for the Law of the Sea for 2000
  • SPLOS/50– Annual Report of the International Tribunal for the Law of the Sea for 1999
  • SPLOS/35– Annual Report of the International Tribunal for the Law of the Sea for 1998
  • SPLOS/27– Report of the International Tribunal for the Law of the Sea for the period 1996-1997
  • SPLOS/21– Interim Report

States Parties

States Parties

There are currently 168 States Parties to the United Nations Convention on the Law of the Sea (status of the Convention and the Agreement relating to the implementation of Part XI of the Convention).

Meetings of States Parties

The Convention provides, in article 319, paragraph 2 (e), that the Secretary-General of the United Nations “shall convene necessary meetings of States Parties in accordance with this Convention”. The matters addressed by the meetings include elections of members of the Tribunal and administrative and financial matters of the Tribunal, including its budget (Meetings of States Parties).

Relationship with the United Nations

Relationship Agreement

The Agreement on Cooperation and Relationship between the United Nations and the International Tribunal for the Law of the Sea was signed by the Secretary-General of the United Nations and the President of the Tribunal on 18 December 1997 in New York. It entered into force on 8 September 1998. It establishes a mechanism for cooperation between the two institutions.

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.

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.

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

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.

Financial Assistance to Parties

International Tribunal for the Law of the Sea Trust Fund

Developing States which are parties to a dispute before the Tribunal may qualify for financial assistance to help them cover the costs related to lawyers’ fees or travel and accommodation of their delegation during the oral proceedings in Hamburg. This assistance is available through a voluntary trust fund established by the United Nations General Assembly and maintained by the Division for Ocean Affairs and the Law of the Sea (DOALOS) of the United Nations Office of Legal Affairs.

The terms of reference of the International Tribunal for the Law of the Sea Trust Fund are annexed to General Assembly Resolution 55/7 of 30 October 2000 (Annex I).

Further information

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