Are you familiar with the International Tribunal for the Law of the Sea?
The International Tribunal for the Law of the Sea is an independent international judicial body. It was established by the United Nations Convention on the Law of the Sea (Montego Bay Convention) as an international dispute settlement mechanism on the Law of the Sea. The Statute grants the Tribunal jurisdiction to settle disputes relating to the interpretation or application of the Convention or other agreements within the jurisdiction of the Tribunal (Article 21 of the Statute).
There are 167 States Parties to the Statute and one international organisation (European Community). The Court is also accessible to States not party to the Convention, intergovernmental organisations, state and private companies provided for in (Part XI), or any case which falls within the jurisdiction of the court and is accepted by the parties involved (Article 20 of the Statute). The Court was established soon after the entry into force of the Convention on 16 November 1994.
The Court is based in the city of Hamburg in Germany due to its historical port importance, the port of Hamburg being one of the most important and busiest in Europe. The building was provided by the Federal Government of Germany and is maintained by it, together with the City of Hamburg and other expenses covered by the Court's budget. The Court's budget is approved annually by the States Parties on the basis of the Court's intended expenditure. Budgetary meetings are not held at the seat of the Tribunal but at the United Nations Headquarters in New York when convened by the Secretary-General of the United Nations. Despite its close relationship with the United Nations, the Court is not bound to the UN. The Statute of the Montego Bay Convention guarantees the Court independence, neutrality and competence to act.
The Legal framework of the Tribunal consists of 21 members, who are nominated and voted on by the States Parties present. They are elected with a two-thirds majority. Judges in addition to being independent must meet the requirements (Article 2 of the Statute) of having an unblemished reputation
and the highest commitment to justice, as well as being outstanding in the field of the Law of the Sea. No more than one judge of the same nationality may be included. The judges' mandate is for 9 years and they are distributed geographically as follows:
Africa: 5
Asia: 5
Eastern Europe: 3
Latin America and the Caribbean: 4
Western Europe and other States: 4
Judges do not need to take up residence in Hamburg, but must be available to meet the demands of the Tribunal. Only the permanent residence of the President of the Tribunal is required during his term of office. The President and Vice-President serve for a term of three years and are chosen by the judges of the Tribunal by secret ballot. In addition, the Court has the power to appoint an ad hoc judge if a litigant party does not have a representative of its nationality and so requests.
The Tribunal is divided into chambers in accordance with its Statute, the Seabed Disputes Chamber and the Summary Procedure Chamber. In addition, other chambers have been created by the Court, the Fisheries Disputes Chamber, the Marine Environment Disputes Chamber and the Maritime Delimitation Disputes Chamber. The Court also has jurisdiction to create special chambers. The Tribunal is not the only means of settling disputes under the International Law of the Sea, but because of the reputation and technicality of the Tribunal, it is one of the most reliable and viable means of resolving maritime disputes between States and other international actors. The decisions of the Tribunal are final and binding, however the Tribunal has no means of enforcing its final opinions.
By Luiz Leandro Garcia
Monitor of the Postgraduate Course in International Law at CEDIN
Source: www.itlos.org