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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.
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.
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.
This volume examines the jurisdiction, both contentious and advisory, of the ICJ as a specific permanent international court or tribunal but also brings together in one book the examination of the jurisdiction of certain other tribunals, not excluding most of the other four tribunals or groups of tribunals examined in Jurisdiction of International Tribunals by the same author. Material relating to them is expanded, re-examined and brought up to date. Hence, This volume covers the jurisdiction of: (i) the World Court, i.e., the ICJ and PCIJ a " both contentious and advisory jurisdiction, (ii) the leading International Administrative Tribunals, (iii) the ECHR, (iv) ICSID tribunals, (v) the WTO Panels and Appellate Body, and (vi) the ITLOS. The six systems for the judicial settlement of disputes chosen to be examined in this work are by far the most important in the modern era and deserve close attention.
The International Tribunal for the Law of the Sea was established under the 1982 United Nations Convention on the Law of the Sea as an independent, international judicial body with competence to settle disputes concerning the interpretation or application of the Convention, pursuant to other international agreements which confer jurisdiction on the Tribunal. The Tribunal is open to States parties, international organizations and other entities as provided for in the Convention or other agreement. The Seabed Disputes Chamber of the Tribunal has compulsory jurisdiction with respect to seabed disputes between various entities including States Parties, the International Seabed Authority and private corporations and individuals. The Tribunal has special jurisdiction to deal with urgent requests for the prompt release of vessels and crews and for prescribing provisional measures. It also has competence to give advisory opinions. This volume contains a selection of documents that are basic to the work of the Tribunal in parallel presentation in English and French. It reproduces the Statute of the Tribunal, the Rules of the Tribunal, the Resolution on the internal judicial practice and the Guidelines concerning the preparation of cases. It also contains the 1982 United Nations Convention on the Law of the Sea, the Agreement relating to the Implementation of Part XI of the Convention on the Law of the Sea and the Agreement on the Privileges of the Tribunal. Le Tribunal international du droit de la mer, institui par la Convention des Nations Unies sur le droit de la mer de 1982, est un organisme judiciaire international autonome qui a compitence pour rigler les diffirends concernantl'interpritation ou l'application de la Convention, ou ceux qui lui sont soumis en vertu de tout accord qui lui confhre compitence en la matihre. Le Tribunal est ouvert aux Etats Parties, aux organisations internationales et d'autres entitis, conformiment aux dispositions pertinentes de la Convention ou d'autres accords. La Chambre pour le rhglement des diffirends relatifs aux fonds marins a compitance obligatoire pour les diffirends portant sur le fonds marins et qui mettent en cause diverses entitis, telles que des Etats Parties la Convention, l'Autoriti internationale des fonds marins et des entreprises ou des personnes privies. Le Tribunal est doti d'une compitence spiciale pour connantre des demandes de prompte mainlevie de l'immobilisation de navires et de prompte libiration de leurs -quipages, ainsi que des demandes en prescription de mesures conservatoires. Il est igalement habiliti donner des avis consultatifs. Ce volume contient un ensemble de documents de base du Tribunal en langues anglaise et frangaise, prisentis dans une idition bilingue. Il s'agit du Statut du Tribunal, du Rhglement du Tribunal, de la Risolution sur la pratique en matihre judiciaire et des Lignes directrices concernant la priparation et la prisentation des affaires. Le volume contient en outre le texte de la Convention des Nations Unies sur le droit de la mer de 1982, l'Accord relatif la mise en oeuvre de la Partie XI de la Convention sur le droit de la mer et l'Accord sur les privilhges et immunitis du Tribunal.
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.
Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.
This book provides a first-hand insight into the constitution, jurisdiction, procedure and judicial practice of the International Tribunal for the Law of the Sea. It provides a valuable guide to the jurisprudence of the Tribunal over the past 20 years, and serves as a reference point for practical information on how cases are received and handled by the Tribunal.
'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.