Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea

Miguel García García-Revillo, Ph.D. (2004) University of Córdoba, is a Senior Lecturer of Public International Law at that university. Author of a monograph and numerous papers on ITLOS, he currently Co-Chairs the Law of the Sea Interest Group of ESIL.

"The present book by Miguel García García-Revillo has all the characteristics of an excellent scholarly work…It is a work that is highly useful both for experts as well as for students of the law of the sea." - Ambassador Helmut Tuerk, Chairman of the Review Committee of the International Seabed Authority

• ACKNOWLEDGEMENTSABREVIATIONS AND ACRONYMSINTRODUCTIONPART ONE. CONTENTIOUS JURISDICTIONSECTION ONE. RATIONE MATERIAECHAPTER ONE. PRINCIPAL JURISDICTION (MAINLINE JURISDICTION OR JURISDICTION ON THE MERITS)1. The voluntary or compulsory nature of the principal ratione materiae contentious jurisdiction of ITLOS2. The maximum extent of the voluntary jurisdiction of ITLOS. Can ITLOS deal with non-law of the sea disputes?3. Ways of conferring jurisdiction on ITLOS3.1. Pre-controversiam3.1.1. UNCLOS as the main axle of ITLOS jurisdiction3.1.1.1. A general view of the disputes settlement system of UNCLOS3.1.1..2. Disputes concerning the interpretation or application of UNCLOS3.1.1.3.. Disputes not submitted to the settlement system of UNCLOS and disputes submitted to itA. ApproachB. Regulationa. General provisionsb. Distribution RulesC. Jurisprudence3.1.1.4. Disputes faling and not falling under the compulsory procedures entailing binding decisions of UNCLOSA. Disputes excluded from the compulsory settlement system (limitations or "automatic" exceptions of article 297)B. Disputes which parties may except from the compulsory settlement system (optional exceptions of article 298)C. Disputes submitted to the compulsory settlement systema. Disputes concerning the Seabed Area (Section 5, Part XI)b. Disputes concerning prompt release of vessels and their crews (article 292)c. Other disputes submitted to the compulsory settlement system: the general rule of article 286 applicable to disputes not excepted from UNCLOS' compulsory procedures entailing binding decisions3.1.1.5. The position of ITLOS within the dispute settlement system of UNCLOS: Disputes falling under the compulsory jurisdiction of the International Tribunal for the Law of the SeaA. Disputes regarding the Seabed Area (Section 5, Part XI)B. Prompt Release Disputes (art.292)C.- Other disputes under the compulsory jurisdiction of ITLOS: declarations made pursuant to article 2873.1.2.- Other treaties where ITLOS is envisaged among the means for settlement3.2.- Post controversiam3.2.1.- Special Agreement (Compromis)3.2.2.- Forum prorogatumCHAPTER TWO. INCIDENTAL (ACCESSORY) JURISDICTION1. Introdution2. Competence de la competence3. Conduct of proceedings4. Incidental jurisdiction stricto sensu4.1. Jurisdiction on Provisional Measures (art.25 ST, 290 UNCLOS and 89 to 95 RT)4.1.1. Provisional measures in general4.1.2. Jurisdiction of the International Tribunal for the Law of the Sea to prescribe provisional measures4.1.2.1. Regulation4.1.2.2. Disputes concerning the interpretation or application of UNCLOS4.1.2.3. Disputes concerning the interpretation or application of other international treaties 4.2. Jurisdiction to decide through a preliminary proceeding on the allegation of abuse of legal process (article 294.1 in relation to article 297 of the Convention and article 96 RT)4.3. Jurisdiction to decide on the allegation of preliminary objections (articles 294.3 UNCLOS and 97 RT)4.4. Jurisdiction to decide on the admission or not of a counter-claim (article 98 RT)4.5. Jurisdiction to decide on a request for intervention (articles 31 and 32 ST, and articles 99 and 100 RT)4.6. Jurisdiction to decide on the discontinuance of the proceedings as requested by the applicant (article 106 RT)5. Jurisdiction after the judgment or the final decisionSECTION TWO. RATIONE PERSONAECHAPTER ONE. REGULATIONCHAPTER TWO. STATES PARTIES. SPECIAL REFERENCE TO THE EUROPEAN UNIONCHAPTER THREE. ENTITIES OTHER THAN STATES PARTIES. IS THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA COMPETENT TO DEAL WITH DISPUTES BETWEEN PRIVATE ENTITES OR PERSONS?PART TWO. ADVISORY JURISDICTIONCHAPTER ONE. THE DIFFICULTY OF DEFINING THE ADVISORY JURISDICTION OF ITLOSCHAPTER TWO. REGULATIONCHAPTER THREE. THE ADVISORY JURISDICTION EXPRESSLY CONFERRED ON ITLOS BY THE LAW OF THE SEA CONVENTION: THE ADVISORY JURISDICTION OF THE SEA-BED DISPUTES CHAMBERCHAPTER FOUR. EXTENDING THE ADVISORY JURISDICTION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA BY MEANS OF ITS OWN RULES: THE ADVISORY JURISDICTION OF ITLOS ITSELF. BIBLIOGRAPHYINDEX