Yearbook. Volume 9, 2005 / International Tribunal for the Law of the Sea.

Format:

Book

Author/Creator:

International Tribunal for the Law of the Sea.

Series:

Yearbook / International Tribunal for the Law of the Sea ; v.9

Language:

English

Subjects (All):

International Tribunal for the Law of the Sea.

Law of the sea.

Physical Description:

1 online resource (268 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston, Mass. : Nijhoff, c2006.

Language Note:

English

Summary:

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal. The Yearbook will give lawyers, scholars, students as well as the general public easy access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 2005. The Yearbook is prepared by the Registry of the Tribunal. It is also available in French (Annuaire 2005).

Contents:

Intro

Title Page

Copyright Page

PREFACE

Table of Contents

INTRODUCTION

CHAPTER I. ORGANIZATION AND FUNCTIONING OF THE TRIBUNAL

I. Members of the Tribunal

1. Composition of the Tribunal

2. Changes in the composition of the Tribunal

3. Former Presidents and Vice-Presidents and Former Members of the Tribunal

II. Judges Ad Hoc

III. The Presidency

1. Election

2. Functions

IV. Chambers of the Tribunal

1. Seabed Disputes Chamber and Ad Hoc Chambers of the Seabed Disputes Chamber

2. Special Chambers

(a) Chamber of Summary Procedure

(b) Chamber for Fisheries Disputes

(c) Chamber for Marine Environment Disputes

(d) Chambers formed under article 15, paragraph 2, of the Statute

V. Committees of the Tribunal

1. Committee on Rules and Judicial Practice

2. Committee on Budget and Finance

3. Committee on Staff and Administration

4. Committee on Library and Publications

5. Committee on Buildings and Electronic Systems

6. Committee on Public Relations

VI. Experts under Article 289 of the Convention

VII. The Registry

1. The Registrar

2. Composition of the Registry

3. Library

4. Archives

5. Staff Regulations and Staff Rules of the Tribunal

VIII. Seat

IX. Relations with the Public

1. Correspondence

2. Information

X. Publications of the Tribunal

1. Yearbook

2. Reports of Judgments, Advisory Opinions and Orders

3. Pleadings, Minutes of Public Sittings and Documents

4. Basic Texts

CHAPTER II. COMPETENCE

I. Access to the Tribunal

1. States Parties to the Convention

2. Entities other than States Parties

3. Choice of procedure

II. Jurisdiction of the Tribunal

1. Contentious Cases

(a) Jurisdiction over any dispute concerning the interpretation or application of the Convention.

(b) Jurisdiction over any dispute concerning the interpretation or application of other agreements

(c) Jurisdiction of the Seabed Disputes Chamber

(d) The Tribunal itself decides any question as to its jurisdiction

(e) Provisional measures

(f) Prompt release of vessels and crews

2. Advisory Opinions

(a) Advisory opinions under the Convention

(b) Advisory opinions on the basis of other international agreements

CHAPTER III. PROCEDURE

I. General Provisions

1. Basic Texts

2. Proceedings

3. Official Languages

4. Official Communications and Means of Communication

5. List of Cases

II. Contentious Cases

1. Proceedings before the Tribunal

(a) Institution of proceedings and representation of parties

(i) Application or special agreement

(ii) Transmission of documents

(iii) Representation of the parties

(iv) Consultations with the parties

(v) Additional information concerning the competence of international organizations

(b) Written proceedings

(i) Filing of pleadings and formal requirements

(ii) Information for the public

(c) Initial deliberations

(d) Oral proceedings

(i) Hearings

(ii) Witnesses, experts and evidence

(iii) Submission of new documents by the parties

(iv) Questions addressed to the parties and requests for information

(v) Interpretation and verbatim record

(vi) Display of charts, maps and other facilities

(vii) Information for the public

(viii) Final submissions and closure of oral proceedings

(e) Joinder of proceedings

(f) Default

(g) Deliberations

(h) Judgment

(i) Reading of the judgment

(ii) Finality and binding force

(iii) Official languages and translation

(iv) Separate or dissenting opinions and declarations

(v) Copies of the judgment

(i) Costs

2. Incidental Proceedings

(a) Provisional measures.

(b) Preliminary proceedings

(c) Preliminary objections

(d) Counter-claims

(e) Intervention

(i) Request to intervene under article 31 of the Statute

(ii) Right to intervene under article 32 of the Statute

(f) Discontinuance

3. Prompt Release of Vessels and Crews

(a) Application by the flag State or on its behalf

(b) Proceedings

(c) Judgment and financial security

4. Interpretation and Revision of Judgments

5. Proceedings before the Seabed Disputes Chamber

(a) General rules

(b) Proceedings instituted on behalf of the International Seabed Authority

(c) Questions submitted by a commercial arbitral tribunal

6. Proceedings before Special Chambers

(a) Applicable rules

(b) Request to submit the case to a special chamber

(c) Proceedings

III. Advisory Proceedings

1. Advisory Proceedings before the Seabed Disputes Chamber under the Convention

(b) Request for an advisory opinion

(c) Notification, written statements and information for the public

(d) Reading of the advisory opinion

(e) Copies of the advisory opinion

2. Advisory Proceedings before the Tribunal on the Basis of Other International Agreements

CHAPTER IV. JUDICIAL WORK OF THE TRIBUNAL

I. Cases before the Tribunal

Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European Community)

(a) Proceedings 2000 - 2004

(b) Proceedings in 2005

II. Application of the Statute and Rules

(a) Solemn declaration of a judge ad hoc

(b) Consultations with the Parties

(c) Conduct of the proceedings

(d) Time-limits

CHAPTER V. SESSIONS AND ACTIVITIES OF THE TRIBUNAL.

I. Sessions of the Tribunal devoted to Legal and Administrative Matters

1. Election of the President and Vice-President of the Tribunal

2. Establishment of the Chambers

3. Committees

4. Rules of the Tribunal and Related Documents

(a) Implementation of the Rules in prompt release proceedings

(b) Access to case-related documents

(c) Contributions from parties towards the expenses of the Tribunal

(d) Rules regarding evidence

(e) Guide to proceedings before the Tribunal

(f) Bonds and other financial security

(g) Implementation of the decisions of the Tribunal

(h) Matters relating to the Seabed Disputes Chamber

5. Finances

(a) Budget and budget performance

(b) Status of contributions

(c) Report of the auditor

(d) Appointment of the auditor for 2005-2008

(e) Conditions of service and compensation for members of the Tribunal

6. Administrative Matters

(a) Staff Regulations and Staff Rules

(b) Language classes at the Tribunal

7. Buildings and Electronic Systems

(a) Premises of the Tribunal

(b) Use of the premises

8. Public Relations

9. Visit by the European Commissioner for Fisheries and Maritime Affairs

10. Diplomatic Day

11. Internship Programme

12. Public Information and Website

13. Library

II. Relations with the United Nations and Other Organizations

1. Observer Status at the General Assembly

2. Relationships with Other Organizations and Bodies

CHAPTER VI. FINANCES OF THE TRIBUNAL

I. Financial Arrangements

1. General

(a) Method of covering expenditure

(b) Drafting of the budget

(c) Appropriations and accounts

2. Salaries and Expenses of Judges

(a) Emoluments

(b) Pensions

(c) Travelling expenses

3. Salaries and Expenses of the Registrar and Officials of the Registry

(c) Travelling expenses.

II. Financial Regulations

III. Budget for 2005

IV. Audit of Accounts

V. Trust Funds and Donations

CHAPTER VII. PRIVILEGES AND IMMUNITIES

I. United Nations Convention on the Law of the Sea

II. Agreement on the Privileges and Immunities

III. Headquarters Agreement

CHAPTER VIII. BIOGRAPHIES OF THE JUDGES, THE REGISTRAR AND THE DEPUTY REGISTRAR

I. Members of the Tribunal on 31 December 2005

II. Former Judges

III. Judge Ad Hoc

IV. The Registrar and the Deputy Registrar

CHAPTER IX. SELECT BIBLIOGRAPHY ON SETTLEMENT OF DISPUTES CONCERNING THE LAW OF THE SEA

I. General

II. Cases before the Tribunal

ANNEXES

ANNEX I

(A) Status of the United Nations Convention on the Law of the Sea of 10 December 1982

(B) Status of the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, Adopted on 28 July 1994

(C) Status of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted on 4 August 1995

ANNEX II

(A) Declarations of States Parties relating to Settlement of Disputes in accordance with article 287 (Choice of Procedure)

(B) Declarations of States Parties relating to Settlement of Disputes in accordance with article 298 (Optional Exceptions to the Applicability of Part XV, Section 2, of the Convention)

(C) Declarations of States Parties relating to Settlement of Disputes in accordance with article 30 of the Straddling Fish Stocks Agreement (Choice of Procedure)

ANNEX III

Relevant Provisions of International Agreements conferring Jurisdiction on the Tribunal.

(A) Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references.

ISBN:

1-281-45817-1

9786611458171

90-474-1178-1

OCLC:

505135578