International Tribunal for the Law of the Sea

Hamburg, Germany

October 1, 1996

The International Law of the Sea ( ITLOS, English International Tribunal for the Law of the Sea ( ITLOS ); French Tribunal international du droit de la mer ( TIDM ) ) is an international court, which on the basis of the Convention ( UNCLOS ) United Nations of 10. December 1982 has been working as an independent organization within the UN system. The Convention entered into force on 16 November 1994 and the ITLOS was established on 1 October 1996 with headquarters in Hamburg Nienstedten district. ITLOS has been awarded with the UN resolution 51/204 of 17 December 1996 observer status at the United Nations General Assembly and thus the attendance at meetings of the General Assembly guaranteed when topics relating to the Tribunal.

Composition

The Court consists of 21 judges who are elected by the 162 Parties to the UNCLOS to nine years. Here are five judges from Africa and Asia, four judges from Central and South America and Western Europe, and three judges from Eastern Europe and the President. Since 1 October 2011, the Japanese Judge Shunji Yanai is President of the ITLOS.

Seat

The building was constructed according to the designs of the architectural firm of Branca, Munich, in the years 1997 to 2000; the handover of the building took place on 3 July 2000 by Keys to Kofi Annan, the then UN Secretary-General. The construction cost was DM 123 million (80 % took over the Federal Republic, 20% of Hamburg, the operating costs are borne by the United Nations ). During the construction of the listed Schröder'sche Villa was preserved and incorporated into the overall system.

Responsibilities

Called d) UNCLOS courts have jurisdiction, so in addition to the ITLOS and the International Court of Justice or international arbitration - Disputes concerning the interpretation and application of UNCLOS in Article 287, paragraph 1 a). Which is these organs responsible for a dispute depends on the will of the parties who have a right to vote.

If the ITLOS transferred to a dispute, but there is general competence, that is, the Court shall decide the dispute referred to it fully and completely. An exception to this principle is, however, disputes in the field of deep-sea mining. For these, the sea floor chamber is alone responsible. Other limitations are provided in Articles 297 and 298 of UNCLOS. An appeal or review procedures or a reference to another court is generally not provided.

During the International Court in The Hague is only responsible for disputes between states and in this respect represents a competition for law of the sea disputes, ITLOS can be called under certain conditions of individuals and international organizations. It is thus not only open to parties to the Convention. In the work of the Tribunal this possibility, however, has so far played no role.

Under Article 21 of the Statute of the Court the ITLOS other international disputes can be transferred. Provided, however, that a reference is given to the law of the sea.

Method

Generally

The Statute of the Court recognizes four different types of processes: the main proceedings, the proceedings for interim measures, the procedure before the seabed chamber and the procedure for release of vessels. All types of procedures are subject to Beibringungsgrundsatz. Before starting the procedure, the judges deliberate first on questions they want to ask the parties and then answer either in writing or at the hearing. The procedure before the ITLOS is divided into two sections, the written procedure and the hearing.

The different types of procedures

Main proceedings

The main method first requires a request of either party. The requirements for this application are relatively high in relation to the ICJ. He has to the plaintiff, the defendant or the dispute as well as the call and also be signed by the Counsel for the plaintiff. Since the ITLOS can negotiate only with the consent of both parties to a case, the consent of the defendant prior to the start of the process is to be seen. In most cases, however, it is so that the parties agree in advance on the negotiation of the underlying facts and then submit these in writing.

In the next step, the Court shall decide after consulting the parties, how many briefs may be submitted. When all briefs have been received by the court, the written procedure is established and passed into oral procedure. The conclusion of the main proceedings constitutes a judgment that will be read at a hearing.

Interlocutory proceedings

The proceedings for interim relief is governed by Article 290 of UNCLOS. In this process, it is important to safeguard the interests of both parties to reach a decision in the main proceedings. This is mainly due to the often long duration of proceedings in the main action. The proceedings for interim relief begins only at the request of the parties. Thus, the Court may for example also order measures to prevent serious environmental damage. Another important difference method to other courts is that the ITLOS may also take interim measures in cases in which it has no jurisdiction in the main proceedings. Since it always takes some time until about a tribunal is set up, the ITLOS is up to the interim safeguard the interests in these cases. The decision in the interlocutory proceedings will be decided by.

Proceedings before the Seabed Chamber

The proceedings before the Seabed Chamber is governed by Articles 86 and following of the Staff Regulations and in Article 187 of UNCLOS. Accordingly, the seabed chamber is responsible for disputes relating to the exploitation of the seabed. This concerns in particular disputes within the International Seabed Authority, between individual states and that authority or merely between states. In addition, the chamber may give advisory opinions for the Council and the Assembly of the International Seabed Authority.

Procedures for release of vessels

On the basis of Article 292 UNCLOS, ITLOS is responsible for procedures for release of vessels. This method has the subject matters in which a State Party has set a ship flying the flag of another Contracting State, and its crew and cargo and is not ready to release it for a reasonable bail. As here most comprehensive economic considerations play a role, the applicant State must not - have exhausted domestic remedies - as is usual in international law. Empowered application is both the flag State and appointed by it owner, the lawyer. The Court has a duty to treat the application for release immediately. A decision must be made within 31 days after application position.

Written procedure

The written procedure begins with the filing of the plaintiff's pleading. This is followed by the reply of the defendant, to which the applicant may respond again unless the parties have agreed thereto. How much time between submission of the application and receipt of this pleading may elapse before the Court, the Court shall, in consultation with the parties.

Intermediate procedures

Once the written and oral procedure before the start of the judges some time to study the documents will be given. Then they have to express themselves in writing to the President. The deadline for written comments is significantly reduced under the interim order and the method of release of vessels to quickly come to a decision. Based on these opinions, the President created a working paper. The purpose of this interim process is the preparation of the hearing or the subsequent discussions.

Oral proceedings

Before the hearing, the President of the parties concerning the order in which the arguments are to be carried forward, and this time available tunes. Under the principle of party equality of each page is the same amount of time. Each party shall designate, for the reasons advanced by her arguments witnesses and / or experts. These can be consulted in the negotiation in cross-examination by the other party and by the court. Over the course of the hearing, a log is created, which can be corrected by the parties until the completion of the hearing. At the end of each trial, the parties must submit their applications, both orally and in writing. After registration at the registrars listeners can participate in the negotiations.

Method statements

Upon completion of the hearing follows a consultation phase, which can last several days. A simple majority of the judges decide. From the Editorial Board first a decision is drafted, which is presented to the other judges in three readings. Judges who wish to submit a separate opinion or a dissenting opinion shall announce this in the first reading. At the end of the third reading is especially voted on the verdict.

Current Members

The Belgian Philippe Gautier since September 21, 2001 as chancellor (English Registrar) at the Court operates. He followed Gritakumar E. Chitty from Sri Lanka, who held the office from 1996 to 2001. As the Deputy Doo -young Kim acts from South Korea.