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THE JURISDICTION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (Jurysdykcja Miedzynarodowego Trybunalu Praw Morza)

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Pawlak S.

Prawo Morskie

2009

vol. 25

101-111

The UN Convention on the Law of the sea (10 December 1982) contains provisions that create the International Tribunal for the Law of the Sea. In the twentieth century the conviction has grown in the international community that conflicts should not only be solved by diplomacy, but also by arbitration and international adjudication, which would both issue judgments and offer expert opinion. The majority of EU states chose the International tribunal for the Law of the sea as the first international organ foreseen in Article 287 of the UN Convention on the Law of the Sea. Up to now, the Tribunal has considered 15 cases, 12 of which were connected with fisheries. The Tribunal has demonstrated that its procedures are speedy, transparent, and effective. The author of the article mentions all cases pending before the Tribunal in Hamburg from 1997 to 2008. All court costs are covered from the Tribunal's budget. The UN General Assembly in its annual resolutions referring to assessment of the Tribunal's work underlines 'the important role and the authority of the Tribunal in interpreting and implementing the Convention'. As legal matters now stand, the International Tribunal for the law of the sea can consider any case brought by any state, including, therefore, piracy. It can do this not only on the basis of the UN Convention of 10 December 1982, but also on that of all other international treaties that give it relevant jurisdiction

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THE JURISDICTION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (Jurysdykcja Miedzynarodowego Trybunalu Praw Morza)