Advisory Opinions and Jurisdiction of the International Tribunal for the Law of the Sea

Abstract

Following an introduction to the advisory jurisdiction of the Tribunal, this chapter discusses crucial aspects of the advisory function of the Seabed Disputes Chamber. It will of course consider the jurisdiction to give an advisory opinion and the issues of admissibility related to the opinion delivered by the Seabed Disputes Chamber on the Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the International Seabed Area. The discussion, however, will not touch upon the substantive legal questions asked to the Chamber in this occasion, but deal only with procedural issues. Moreover, it will attempt to go beyond this specific case to present a general analysis of the key issues of jurisdiction and admissibility, together with some questions of procedure, that should be taken into account in order to arrive to an authoritative advisory opinion of the Seabed Disputes Chamber and, eventually, of the International Tribunal for the Law of the Sea.