Seabed Disputes Chamber Research Articles

TIDM : Responsabilités et obligations des États qui patronnent des personnes et des entités dans le cadre d’activités menées dans la Zone (avis consultatif 1er février 2011)

The seabed disputes chamber of the international tribunal for the law of the sea gave its first advisory opinion on 1 february 2011. Asked to specify the obligations of states sponsoring persons and entities authorized to explore and exploit the Area’s resources, pursuant to the united nations convention on the law of the sea, and to clarify the circumstances in which the responsibility of those states might be implicated, the chamber provides valuable enlightenment not only as to the law of the sea, but also environment law and the law of international responsibility. The opinion allows the chamber, at the end of a balanced approach between caution and resolve, to pave the way for its own judicial policy.

Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the International Seabed Area, Statement on Behalf of IUCN - International Union for Conservation of Nature Submitted to Seabed Disputes Chamber of ITLOS

The Seabed Disputes Chamber of the International Tribunal for the Law of the Sea has been asked to give an Advisory Opinion regarding the responsibility and obligations of a State that sponsors persons or entities to undertake prospecting in the International Seabed Area; the extent of a State's liability for any failure to comply with relevant obligations by the sponsored person or entity; and the necessary and appropriate measures that the State must undertake to fulfill its responsibility. This submission to the Chamber discusses the State's obligations of due diligence, the relevance of state responsibility, the need to ensure that there is not a gap in liability, and a number of measures called for by the Law of the Sea Convention and other relevant international law. The statement was prepared by four members of the IUCN - Commission on Environmental Law, Oceans Specialist Group.

The Advisory Function of the International Tribunal for the Law of the Sea

The advisory function can be assessed as a fallback procedure at a time when there is a lack of cases before international courts and tribunals. Although not legally binding and having no precedential effect, Advisory Opinions are generally accepted. This paper looks into the question of the Advisory Opinions in the International Tribunal for the Law of the Sea (ITLOS) system. The advisory function of the Tribunal is exercised by the Seabed Disputes Chamber within the terms of the United Nations Convention on the Law of the Sea. The first request for an advisory opinion was filed on 14 May 2010. The full Court may, however, render an advisory opinion based on other international agreements according to Article 138 of the Rules of the ITLOS. As a rule, the advisory procedure is open to international organizations only. There are neither claims nor parties involved in this procedure. The paper tries to address the legal regime relating to the Opinions.

The Settlement of Disputes Arising From Conflicting Outer Continental Shelf Claims

AbstractThis article begins with brief observations on the dispute-settlement system contained in the 1982 UN Convention on the Law of the Sea (LOS Convention). It then reviews the rules of procedure of the Commission on the Limits of the Continental Shelf (the Commission) which are designed to prevent or minimize disputes concerning outer continental shelf boundaries. In this context reference is made to joint submissions by coastal States. The role of the institutions created by the LOS Convention—the International Seabed Authority, the International Tribunal for the Law of the Sea, in particular the Seabed Disputes Chamber, and the Commission—with respect to dispute settlement is examined. It also considers the circumstances when States Parties may or may not challenge the recommendations of the Commission.

The Settlement of Disputes in Deep Seabed Mining. Access, Jurisdiction and Procedure before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea by Niels-J. Seeberg-Elverfeldt. Nomos Verlagsge-sellschaft, Baden-Baden, 1998. ISBN: 3-7890-5522-0, 166 pp., DM 98.

The Settlement of Disputes in Deep Seabed Mining. Access, Jurisdiction and Procedure before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea by Niels-J. Seeberg-Elverfeldt. Nomos Verlagsge-sellschaft, Baden-Baden, 1998. ISBN: 3-7890-5522-0, 166 pp., DM 98. - Volume 12 Issue 3

The settlement of disputes in deep seabed mining. Access, jurisdiction and procedure before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea

The settlement of disputes in deep seabed mining. Access, jurisdiction and procedure before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea is one of the “compulsory procedures entailing binding decisions” provided for in Article 287 of the Convention. The Tribunal is established by Annex VI to the Convention which is its Statute. Within the Tribunal is established the Seabed Disputes Chamber which has jurisdiction to deal with respect to deep-sea mining activities covered by Part XI of the Convention.The Tribunal performs three different but closely related functions. The first is to offer a forum of choice for states parties to the Convention to settle disputes concerning the interpretation or application of the provisions of the Convention. The second function is to provide a special, and largely mandatory, procedure for dealing with disputes in connection with the interpretation and application of the provisions of Part XI of the Convention. This is the function of the Seabed Disputes Chamber. The Chamber also has competence to give advisory opinions on legal questions arising within the scope of the activities of the Assembly and Council of the International Seabed Authority. Thirdly, the Tribunal serves as a residual and compulsory mechanism for the settlement of certain disputes identified by the Convention as requiring expeditious decision, such as applications for the prompt release of arrested vessels and crew or requests for the prescription of provisional measures pending final decisions in cases. The Tribunal may also deal with disputes arising under other maritime agreements, if the agreements so provide.The Tribunal commenced operations in October 1996. It has completed organizational work for its administrative judicial functions. It has adopted its Rules, the Resolution on the Internal Judicial Procedure and Guidelines to assist parties appearing before it. It has also established special Chambers. The Tribunal has already dealt with one application for the prompt release of a vessel and crew arrested in a foreign port and one request for provisional measures. Proceedings are in progress on the merits of the first case submitted to it.