Where is the Tribunal Held? (Art.

1)
The seat of the Tribunal shall be in the Free and

Hanseatic City of Hamburg in the Federal Republic of Germany.

October 1, 1996

The Tribunal may sit and exercise its functions

elsewhere whenever it considers this desirable.

ITLOS Hamburg, Germany

ORGANIZATION OF THE TRIBUNAL (Art. 2)

The Tribunal shall be composed of a body of 21

independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured.

Division of the Organization

African Group, Asian Group, Latin American and

Caribbean Group, Western European Group and other states Group, Eastern European Group.
5 judges from African group 5 judges from Asian group 4 judges from the Latin American and Caribbean Group 4 judges from the Western European and other states

group 3 judges from the Eastern European Group

Membership (Art. 3)
No two members of the Tribunal may be nationals of

the same State. A person who for the purposes of membership in the Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights. There shall be no fewer than three members from each geographical group as established by the General Assembly of the United Nations.

Members of the ITLOS

President Shunji Yanai (Japan) Vice-President Albert J. Hoffmann (South Africa) Judges Vicente Marotta Rangel (Brazil) L. Dolliver M. Nelson (Grenada) P. Chandrasekhara Rao (India) Joseph Akl (Lebanon) Rdiger Wolfrum (Germany)

Members of the ITLOS

Tafsir Malick Ndiaye (Senegal) Jos Luis Jesus (Cape Verde) Jean-Pierre Cot (France) Anthony Amos Lucky (Trinidad and Tobago) Stanislaw Pawlak (Poland) Helmut Trk (Austria) James L. Kateka (United Republic of Tanzania) Zhiguo Gao (China) Boualem Bouguetaia (Algeria) Vladimir Vladimirovich Golitsyn (Russian Federation) Jin-Hyun Paik (Republic of Korea) Elsa Kelly (Argentina) David Joseph Attard (Malta) Markiyan Z. Kulyk (Ukraine)

Nominations and elections(Art. 4)

Each State Party may nominate not more than two persons

having the qualifications prescribed in article 2 of this Annex. The members of the Tribunal shall be elected from the list of persons thus nominated. 3 months before the date of the election,
the Secretary-General of the United Nations shall address a written invitation to the States Parties to submit their nominations for members of the Tribunal within two months prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them submit it to the States Parties before the seventh day of the last month before the date of each election.

Nominations and elections(Art. 4)

The members of the Tribunal shall be elected by secret

ballot. Elections shall be held at a meeting of the States Parties convened by the Secretary-General of the UN
Currently done in New York Every 3 years for 1/3 of the

members

Two thirds of the States Parties shall constitute a quorum at

that meeting. The persons elected to the Tribunal shall be those nominees who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting.

Term of office (Art. 5)

9 years and may be re-elected 1st election: 7 members = 3 years, other 7= 6 years.

Chosen by lot to be drawn by the SG of the UN

If replaced, they shall finish any proceedings which

they may have begun before the date of their replacement. In the case of the resignation of a member of the Tribunal, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of that letter.

Some Incompatible activities of the members of the ITLOS (Art. 7)

Exercise political or administrative functions
Associate actively with the exploration of the resources

of the sea or seabed. Agent, counsel, or advocate in any case

The President, VP, and Registrar (Art. 12)

The president and Vice-president is elected every 3

years and may be re-elected The registrar is appointed by the tribunal

Quorum (Art. 13)

11 elected members
Tribunal determines which members are available to

constitute the tribunal

The Chambers of the Tribunal

Seabed Disputes Chamber Settle disputes concerning:

activities in the deep seabed mining Between state Party and the International Seabed Authority pertaining to violations of the UNCLOS Between parties to a contract relating to activities in the area (interpretation, application, plan of work

The Chambers of the Tribunal

Consists of 11 members to be selected by a majority of

the tribunal

3 judges from the African group 3 judges from the Asian group 2 judges from the Latin American and Caribbean group 2 judges from the Western European and other states group 1 judge from the Eastern European group

Parties may request an Ad Hoc Chamber to have

jurisdiction over disputes

Composed of 3 members of the seabed disputes chamber

The Chambers of the Tribunal

Special Chambers 3 kinds

Summary Procedure Standing chambers to deal with particular categories of disputes chambers to deal with particular disputes at the request of the parties, so called ad hoc chambers

Chamber of Summary Procedure

Speedy dispatch of Business
May hear and determine a case by summary procedure

if the parties so request

Standing Chambers for particular disputes

Chamber for Fisheries Disputes
Chamber for Marine Environment

Disputes Chamber for Maritime Delimitation Disputes

Chamber of Fisheries Disputes

Deals with any provision concerning the conservation

and management of marine life and aquatic resources Also deals with any provision of any other agreement relating to conservation and management of marine life which confers jurisdiction on the Tribunal

Chamber for Marine Environment Disputes

Deals with the provision of the convention concerning

protection and preservation of marine environment Provisions of special conservations and agreements relating to preservation and protection of marine environment of article 237 of the convention (Obligations under other conventions on the protection and preservation of the marine environment.) provision of any agreement relating to the protection and preservation of the marine environment which confers jurisdiction on the Tribunal.

Experts of the Tribunal

The Tribunal may, at the request of a party, select no

fewer than 2 scientific or technical experts. Selection is made with the consultation of the parties and such experts sit with the tribunal. These experts shall have no voting power but shall take part in the deliberations (Art. 289 of the UNCLOS)

Committee of the Tribunal

The Tribunal has 5 committees, each dealing with a

specific functions
Rules and Judicial Practice Budget and Finance Staff and Administration Library and Publication Building and Electronic system

Access and Jurisdiction (Art. 20-21)

Open to all state parties
Open to entities other than State parties in any case

conferring jurisdiction on the Tribunal which is accepted by all parties to that case Comprises all disputes and all applications submitted to it in accordance with the UNCLOS

Jurisdiction
Any dispute submitted to it in accordance with the

UNCLOS concerning interpretation or application of an international agreement Also includes matters submitted to it under any agreement

Procedural aspect (Art. 24-34)

Settlement Procedure UNCLOS provides freedom to the State Parties to settle dispute either through negotiations or diplomatic measures If there is no settlement, the Parties could request the Tribunal to have jurisdiction over the issue

Procedural aspect (Art. 24-34)

The State Parties could choose among the following to

settle their disputes

The International Tribunal for the Law of the Sea -

ITLOS The International Court of Justice -ICJ An Arbitral Tribunal constituted in accordance with Annex VII A Special Arbitral Tribunal constituted in accordance with Annex VIII.

Procedural aspect (Art. 24-34)

As of December 2005, forty-one states have made a

declaration concerning their choice of procedures1. Twenty-six states have indicated the International Tribunal for Law of the Sea as their means for settlement of disputes. A State party of the convention which is a party to the dispute shall be deemed to have accepted arbitration in accordance with Annex VII

Procedural aspect (Art. 24-34)

Institution of proceeding Written application

Indicates the party which bring the claim and the adversary of the party. Specifies legal ground upon which the jurisdiction of the ITLOS is based and nature of the claim with the facts.

Procedural aspect (Art. 24-34)

Notification of a special agreement

Done or brought by one of the state parties Accompanied by an original or certified copy of the special agreement Indicates precise subject of dispute and identities to the dispute

Both modes require the parties to state the name of its

agent with an address

Procedural aspect (Art. 24-34)

The registrar keeps all the state parties informed

including the UN. Respondent shall, upon receiving the certified copy of the application or notification, shall inform the ITLOS of the name of its agent. If the parties agree to the same procedure, only that procedure would apply to them If not, the dispute shall be submitted only to arbitration under Annex VII of the UNCLOS

Procedural aspect (Art. 24-34)

Seabed dispute chamber shall have the power to

prescribe additional provisional measures If there is no session or no sufficient number of members, the provisional measures shall be prescribed by the chamber of summary procedure.

Procedural aspect (Art. 24-34)

Hearing Under the control of the President.

If VP is also unable to preside, Senior Judge shall preside

Public unless otherwise agreed by the parties or decided

by the Tribunal

Default None appearance or failure to defend, the other party may request the Tribunal to Continue and decide. Does not constitute a bar to the proceedings

Procedural aspect (Art. 24-34)

Questions are to be decided by a majority of the

members who are present If equally voted, the President or presiding President shall cast a vote. Judgment shall state reasons and shall contains the names of the members who took part in the decision. Members are entitled to a separate opinion

Procedural aspect (Art. 24-34)

If a State partys interest is affected by such decision,

he shall have the right to intervene

Tribunal decides his request If granted, the decision of the ITLOS shall be binding

upon all intervening State Parties.

Decision is Final and shall be complied with by all

Parties
No Binding force except between the parties on a

particular dispute

The Philippines and China, Current Status in the ITLOS

President of the tribunal Thomas Mensah(Ghana) Other Judges Judge Rdiger Wolfrum (Germany) Judge Stanislaw Pawlak (Poland) Judge Jean-Pierre Cot (France) Judge Alfred Soons (The Netherlands)