ITLOS - jurisdiction

The sea disputes

To settle sea disputes, the United Nation Convention on Law of the Sea (UNCLOS) provides freedom to the States Parties concerned to settle their dispute through negotiation or other diplomatic measures between them at anytime. Parties could, in case there is no settlement between them, request to the court or Tribunal
having jurisdiction over their issues. According to the article 287 of the United Nations Convention, one state has the right to choose one or more of following means for settlement their disputes concerning the interpretation and application of this Convention:

• The International Tribunal for the Law of the Sea -ITLOS
• The International Court of Justice -ICJ
• An Arbitral Tribunal constituted in accordance with Annex VII
• A Special Arbitral Tribunal constituted in accordance with Annex VIII.

 Many of the State Parties have made different declarations concerning their choice of procedures: part of them have indicated the ITLOS as their means for settlement of disputes. An equal number have expressed their preference for ICJ, few states have expressed rejection ICJ as their mean for settlement of disputes. Even though the States Parties are free to choose their procedures, the ITLOS, which is the new institution, has been chosen as a means for settlement of sea disputes. However, where the parties have not accepted the
same procedure or have not made declaration, for example one for ITLOS and the other for ICJ, or have not made declaration, the arbitration shall be applied to their disputes.

ITLOS

ITLOS convened its first session at its seat in Hamburg on 1 October 1996 and began its work from thereon.

In accordance with article 15 of the Statute, the Tribunal may form special chambers. The Tribunal forms annually a Chamber of Summary Procedure. Under Part XV of the UNCLOS, the Tribunal has jurisdiction
over certain types of legal disputes between states parties concerning the interpretation and application of law of the sea convention or international agreement related to the purpose of the Convention. Unless parties agree otherwise, the Tribunal’s jurisdiction becomes obligatory in respect of prompt release of vessels under article 292 and provisional measures under article 290, paragraph 5, of the Convention. The Seabed Disputes Chamber of the Tribunal enjoys almost exclusive jurisdiction in relation to activities in the international seabed area. It has competence ratione materiae which goes further and comprises contracts or plans of works,
acts of omission, refusal of contracts, legal issues arising in the negotiation of the contract, and disputes where it is alleged that liability has been incurred, in order to name only subject matters expressly mentioned in Article 187 of the convention.

Source: MOM Ravin, ITLOS and Dispute Settlement Mechanisms of the United Nations Convention on the Law of the Sea