Governance of the International Tribunal of the Law of the Sea: The Role of the Meeting of States Parties to the Law of the Sea Convention

Abstract

Many new international courts and tribunals have been created since the 1990s. Their role and practice has been analyzed in many books and articles. Significantly less research has been done into the role and practice of the governance institutions of these international courts and tribunals (international judicial governance institutions, or INJUGOVINS). Their functioning is of fundamental importance for these courts and tribunals. This contribution discusses the role of the INJUGOVIN of the International Tribunal for the Law of the Sea (ITLOS): the Meeting of States Parties to the Law of the Sea Convention (‘SPLOS’). It is SPLOS that carries out the main governance functions for ITLOS. In particular, SPLOS elects the judges of ITLOS and adopts its budget. While the relationship between international courts or tribunals and their INJUGOVINS is often troublesome, this is generally different for the relationship between ITLOS and SPLOS. Since its beginning in 1994 SPLOS has developed from hardly anything, the very thin basis contained in UNCLOS, into a generally well-functioning governance institution (if compared to other INJUGOVINS). Meeting a few days each year and having established its own practice with the support of the UN Secretariat, it has taken the governance decisions that have enabled ITLOS to play its important role in the interpretation and application of UNCLOS, in the development of the law of the sea, and in settling disputes peacefully.