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The International Tribunal for the Law of the Sea Collection


This multi-volume collection starts with the basic documents of the tribunal, followed by the cases. This collection is relevant for any academic library dealing with law and/or politics, as well as any academic, lawyer, or lobbyist interested in maritime law. The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982. It entered into force 12 years later, on 16 November 1994. A subsequent Agreement relating to the implementation of Part XI of the Convention was adopted on 28 July 1994 and entered into force on 28 July 1996. This Agreement and Part XI of the Convention are to be interpreted and applied together as a single instrument. The origins of the Convention date from 1 November 1967 when Ambassador Arvid Pardo of Malta addressed the General Assembly of the United Nations and called for "an effective international regime over the seabed and the ocean floor beyond a clearly defined national jurisdiction". This led to the convening, in 1973, of the Third United Nations Conference on the Law of the Sea, which after nine years of negotiations adopted the Convention.The Convention establishes a comprehensive legal framework to regulate all ocean space, its uses and resources. It contains, among other things, provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. It also provides for the protection and preservation of the marine environment, for marine scientific research and for the development and transfer of marine technology. One of the most important parts of the Convention concerns the exploration for and exploitation of the resources of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (the Area). The Convention declares the Area and its resources to be "the common heritageof mankind".The International Seabed Authority, established by the Convention, administers the resources of the Area. Part XV of the Convention lays down a comprehensive system for the settlement of disputes that might arise with respect to the interpretation and application of the Convention. It requires States Parties to settle their disputes concerning the interpretation or application of the Convention by peaceful means indicated in the Charter of the United Nations. However, if parties to a dispute fail to reach a settlement by peaceful means of their own choice, they are obliged to resort to the compulsory dispute settlement procedures entailing binding decisions, subject to limitations and exceptions contained in the Convention.The mechanism established by the Convention provides for four alternative means for the settlement of disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal constituted in accordance with Annex VII to the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII to the Convention. A State Party is free to choose one or more of these means by a written declaration to be made under article 287 of the Convention and deposited with the Secretary-General of the United Nations (declarations made by States Parties under article 287). If the parties to a dispute have not accepted the same settlement procedure, the dispute may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree. The International Tribunal for the Law of the Sea is an independent judicial body established by the Convention to adjudicate disputes arising out of the interpretation and application of the Convention.The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crews under article 292 of the Convention and to provisional measures pending the constitution of an arbitral tribunal under article 290, paragraph 5, of the Convention. The Seabed Disputes Chamber is competent to give advisory opinions on legal questions arising within the scope of the activities of the International Seabed Authority. The Tribunal may also give advisory opinions in certain cases under international agreements related to the purposes of the Convention.Disputes before the Tribunal are instituted either by written application or by notification of a special agreement. The procedure to be followed for the conduct of cases submitted to the Tribunal is defined in its Statute and Rules. The seat of the Tribunal is in Hamburg, Germany.

Overview of the Collection:

The main-volumes 

Volume Number Title
1 Basic Documents
B-1 Oceans and Law of the Sea: UN Reports of the Secretary General 1994-1998
B-2 Oceans and Law of the Sea: UN Reports of the Secretary General 1999-2002
B-3 Oceans and Law of the Sea: UN Reports of the Secretary General 2003-2004
2 Case 11, the Volga Case
3 Case I, M/V Saiga
4 Case 10, The MOX Plant Case (Ireland v. United Kingdom)
5 Case 3&4, Southern Bluefin Tuna Cases (New Zeland v. Japan; Australia v. Japan)
6 Case 5, The "Camouco" Case (Panama v. France)
7.1 Volume 7.1: Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar); part 1
7.2 Volume 7.2: Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar); part 2
7.3 Volume 7.3: Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar); part 3
8 Case No. 22 The Arctic Sunrise Case (Kingdom Of The Netherlands V. Russian Federation)
9 Case No. 6 The “Monte Confurco” Case (Seychelles V. France)
10 Case No. 8 The “Grand Prince” Case (Belize V. France)
11 Case No. 12 Case Concerning Land Reclamation By Singapore In And Around The Straits Of Johor (Malaysia V. Singapore)
12 Case No. 13 The “Juno Trader” Case (Saint Vincent And The Grenadines V. Guinea-Bissau)