The International Tribunal for the Law of the Sea / / Gudmundur Eiriksson.

• VerfasserIn: Gudmundur Eiriksson,
• Place / Publishing House: The Hague, The Netherlands : : Martinus Nijhoff Publishers,, [2000]; ©2000
• Year of Publication: 2000
• Edition: First edition.
• Language: English
• Physical Description: 1 online resource (419 pages)
• Notes: Includes index.

Table of Contents

• Intro
• Title Page
• Copyright Page
• Dedication
• Acknowledgments
• Summary Table of Contents
• Table of Contents
• Note on Documents
• 1. Introduction
• 1 The new Tribunal
• 2 The United Nations Convention on the Law of the Sea
• 3 Other agreements
• 4 The Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea
• 5 Rules of the Tribunal
• 6 Guidelines concerning the Preparation and Presentation of Cases before the Tribunal
• 7 Resolution on the Internal Judicial Practice of the Tribunal
• 2. The Tribunal in its International Context
• 2.1 The settlement of disputes system in the Convention
• 1 Introduction
• 2 General description of the settlement of disputes system
• 3 General provisions
• 4 Compulsory procedures entailing a binding decision
• 5 Limitations and exceptions to the applicability of section 2
• 6 Compulsory conciliation
• 7 Right of the parties to a dispute to agree upon a procedure
• 8 The definition of "States Parties"
• international organizations referred to in Annex IX to the Convention
• provisional members of the International Seabed Authority
• 2.2 Meetings of the States Parties to the Convention
• 2.3 The International Seabed Authority
• 2.4 The United Nations
• 1 Introduction
• 2 Relationship Agreement
• 3 Observer status of the Tribunal in the United Nations General Assembly
• 4 Participation in the United Nations Joint Staff Pension Fund
• 5 Relationship with the United Nations Administrative Tribunal
• 6 Participation in the common system of salaries, allowances and other conditions of service of the United Nations and the specialized agencies
• 2.5 Extra-judicial activities
• 1 Introduction
• 2 Role of the President of the Tribunal under Annex VII to the Convention.
• 3 Role of the Tribunal under the Agreement between Croatia and Bosnia and Herzegovina of 22 November 1998
• 3. The Organization of the Tribunal
• 3.1 The Judges
• 1 Introduction
• 2 Personal qualifications of judges
• 3 Nationality of judges
• 4 Elections to the Tribunal
• (a) Introduction
• (b) The first election
• (c) Triennial elections for seven members
• (d) The election on 24 May 1999
• 5 Continuation of functions in case of failure to elect successors
• 6 Continuation of functions with respect to pending cases
• 7 Vacancies
• (a) General
• (b) Vacancies upon resignation
• (c) Ceasing to fulfil the required conditions (Statute, article 9)
• 8 Independence of judges
• oath of office
• 9 Bars to participation in a particular case (Statute, article 8)
• 10 Equal status of judges
• precedence
• 11 Internal functioning of the Tribunal
• 12 Remuneration of judges
• 3.2 Incompatible activities of judges
• 1 General
• 2 Political or administrative functions
• 3 Association or financial interest in enterprises involved in commercial use of the sea or seabed
• 4 Participation as an agent, counsel or advocate in a case
• 5 Decorations
• 3.3 Judges ad hoc
• 1 General
• 2 Nationality of judges ad hoc
• 3 Precedence
• 4 Resignation
• 5 Remuneration
• 6 Status (equality with other judges)
• 7 Availability to serve
• 8 Entitlement to choose judges ad hoc
• (a) States
• (b) Entities other than States
• (c) Parties in the same interest
• (d) Inability of judges of the nationality of a party to sit
• (e) Special rules for judges ad hoc in chambers, including the Seabed Disputes Chamber
• 9 Procedure for choosing judges ad hoc
• 10 Judges ad hoc in advisory proceedings
• 11 No right for intervenors to choose judges ad hoc
• 12 Practice in the cases before the Tribunal.
• 3.4 The President, Vice-President and Senior Member
• I The President
• 1 Introduction
• 2 Election
• 3 Vacancies in the presidency
• 4 Resignation of the President
• 5 Exercise of the functions of the presidency in the event of vacancy in the presidency or of the inability of the President to exercise the functions of the presidency
• 6 Functions of the President
• 7 The presidency of the Seabed Disputes Chamber
• 8 The presidency of special chambers of the Tribunal
• 9 Ineligibility of the President to preside in a case on grounds of nationality
• 10 Continuation of the presidency for the purposes of a case
• 11 Continuation of the other functions of the Presidency in the event that the President does not sit or preside in a case
• 12 Residency in Hamburg
• 13 Remuneration of the President
• 14 Exercise by a judge ad hoc of the functions of the presidency
• II Vice-President
• 1 Election
• 2 Resignation of the Vice-President
• 3 Vacancies in the vice-presidency
• 4 Functions of the Vice-President
• III The Senior Member
• 3.5 The Registry
• 1 Introduction
• 2 Election of the Registrar, the Deputy Registrar and the Assistant Registrar
• 3 Appointment of other staff of the Registry
• 4 Solemn declaration of staff members
• 5 Resignation of the Registrar, Deputy Registrar and Assistant Registrar
• 6 Removal of the Registrar, the Deputy Registrar and the Assistant Registrar from office
• 7 International status of the staff of the Registry and their privileges and immunities
• 8 Responsibility of the staff of the Registry with respect to confidentiality
• 9 Staff structure
• 10 Staff Regulations and Staff Rules
• 11 Pensions of the staff of the Registry
• 12 Functions of the Registry
• (a) General
• (b) Library and archives
• (c) Instructions to the Registry
• 13 Internship Programme.
• 3.6 Experts appointed under article 289 of the Convention
• 3.7 The Seabed Disputes Chamber
• 1 Introduction
• 2 Composition
• (a) Members
• (b) Judges ad hoc
• (c) Experts appointed under article 289 of the Convention
• 4 Presidency
• 5 Continuation of functions after the expiry of terms of office of members
• 6 Precedence of the members of the Chamber
• 7 Quorum
• 8 Applicable law
• 9 Enforceability of decisions of the Chamber
• 10 Ad hoc chambers of the Seabed Disputes Chamber
• (a) General
• (b) Personal characteristics of members
• (c) Judges ad hoc
• 3.8 Special Chambers
• 1 Introduction
• (a) General
• (b) Common features
• (c) Use of special chambers for dealing with seabed disputes
• (d) Judges ad hoc in chambers
• (e) The presidency of chambers
• (f) Procedure in proceedings before special chambers
• 2 The Chamber of Summary Procedure
• (a) Establishment
• (b) Procedure
• (c) Use of the Chamber for dealing with applications for the prompt release of vessels and crews
• (d) Use of the Chamber to prescribe provisional measures under article 25(2) of the Statute
• (e) Continuation of functions after the expiry of terms of office of members
• 3 Standing chambers to deal with particular categories of disputes
• (a) Establishment
• (b) Dissolution of chambers and continuation of functions after the expiry of terms of office of members
• (c) The Chamber for Fisheries Disputes and the Chamber for Marine Environment Disputes
• 4 Ad hoc chambers
• (a) Establishment
• (b) Continuation of functions after the expiry of terms of office of members
• 5 Questions of policy
• 3.9 Languages
• 1 Official languages
• 2 Communications between the Tribunal and parties
• 3 Written pleadings
• 4 Oral pleadings
• 5 Judgments and other decisions of the Tribunal
• 6 Other communications
• 7 Working arrangements.
• 3.10 Privileges and immunities
• 1 Introduction
• 2 The Convention
• 3 The Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea
• (a) General
• (b) Provisions of the Agreement relating to the Tribunal
• (c) Judges
• (d) Privileges and immunities of the Registrar and other staff of the Registry
• (e) Privileges and immunities of experts appointed under article 289 of the Convention and of agents, counsel and advocates
• (f) Privileges and immunities of witnesses, experts and persons performing missions by order of the Tribunal
• (g) Exemption from taxation
• (h) Nationals and permanent residents
• (i) Waiver of privileges
• (j) Settlement of disputes
• 4 The Ordinance of 10 October 1996 on the Privileges and Immunities of the International Tribunal for the Law of the Sea
• 5 The Headquarters Agreement
• 3. 11 Seat of the Tribunal
• 1 The Headquarters of the Tribunal
• 2 Functions outside the Headquarters
• 3.12 Finances
• 1 Introduction
• 2 Remuneration of judges
• 3 Pensions of judges
• 4 Remuneration of the Registrar and other staff of the Registry
• 5 Pensions of the staff of the Registry
• 6 Travelling expenses
• 7 Working Capital Fund
• 8 Contingency appropriations
• 9 Audit
• 10 Financial regulations
• 11 Contributions of States Parties to the budget of the Tribunal
• 12 The budget for 2000
• 3.13 Committees of the Tribunal
• 3.14 Emblem and flag
• 3.15 Publications of the Tribunal
• 4. Jurisdiction
• I Introduction
• 1 General
• 2 Jurisdiction ratione materiae versus jurisdiction ratione personae
• 3 Subject-matter jurisdiction of the Tribunal (ratione materiae)
• 4 Who may become parties to a case before the Tribunal (jurisdiction ratione personae)?
• 5 Jurisdiction of the Tribunal to rule on its own competence
• 6 Effect of denunciation of the Convention.
• II Contentious jurisdiction of the Tribunal.