The International Tribunal for the Law of the Sea: The Legal Framework and a Critical Review of its Acceptance

Abstract

Present research paper is focused on the ITLOS, an institution established under UN Convention on LOS. Considering that up to now 162 States are Parties to the UN Convention on LOS, it is of a specific importance whether ITLOS is accepted or not. Along with that, the international LOS has been one of the most dynamic areas of international law and the need for a radical development was attained at UNCLOS III, in the form of the UN Convention on LOS. This LOS Convention was intended to have a major, long-term impact upon the LOS though many States held back from ratifying the Convention and accepting the institution founded by the LOS Convention. ITLOS was constituted under the Annex VI of the UN Convention on the LOS and functions pursuant to the provisions of the LOS Convention, the Statute of the ITLOS and the ITLOS frames rules for carrying out its functions. The ITLOS applies the LOS Convention and other rules of international law that must be compatible with the LOS Convention. Besides the initially attempts for a comprehensive framework for the world’s oceans, the LOS Convention was opened for signature on 10 December 1982 and entered into force on 16 November 1994. Subject of the first chapter is a brief summary of the ITLOS and the treaty upon which it was established. While considering the significance of this institution, the debate for ITLOS acceptance and objection arguments takes a particular importance. The second chapter clarifies the main obstacles for the acceptance of the ITLOS, by comparing the ITLOS to the ICJ and analyses the right of the States Parties to settle their dispute by bilateral agreements. The third chapter gives the dissenting opinions of some States on the ITLOS and the LOS Convention, explaining their longstanding opposition to the ratification of the LOS Convention. The interpretation will be mainly based on the LOS Convention, ITLOS Statute, ITLOS Rules and case laws and also other international treaties related to LOS; additionally one has to bear in mind that the LOS Convention has provided the four mechanisms for settling the disputes between States Parties. Based on this approach, present paper will show a critical review of the acceptance of the ITLOS from the date of the signature of the LOS Convention to our days.