Title: Advisory Jurisdiction of the International Tribunal for the Law of the Sea as a Full Court: Legal Basis and Limits
Abstract: On 2 April 2015, the full Tribunal rendered an advisory opinion regarding questions submitted to it by the Sub-Regional Fisheries Commission (SRFC). Through this opinion, ITLOS solidly affirmed its advisory jurisdiction as a full Tribunal. But there is no provision either in UNCLOS or in the ITLOS Statute that can serve as proper legal basis for the full Tribunal’s advisory jurisdiction. Article 138 of the ITLOS Rules being procedural in nature cannot supersede the provisions of the Convention which are substantive; and therefore, cannot constitute a legal basis for the full Tribunal’s advisory jurisdiction. Such jurisdiction should only be conferred on the full Tribunal through amendments to the ITLOS Statute. It is also a matter of urgency to clarify the procedural rules governing the full Tribunal’s advisory jurisdiction and define its limits as precisely as possible.
Publication Year: 2020
Publication Date: 2020-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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