The contentious and advisory jurisdiction of the International Tribunal for the Law of the Sea / by Miguel García García-Revillo ; foreword by Tullio Treves, Rafael Casado.
2015
KZA5200 .G37 2015 (Map It)
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Details
Title
The contentious and advisory jurisdiction of the International Tribunal for the Law of the Sea / by Miguel García García-Revillo ; foreword by Tullio Treves, Rafael Casado.
Published
Leiden ; Boston : Brill Nijhoff, [2015]
Call Number
KZA5200 .G37 2015
ISBN
9789004200982 (hardback ; alk. paper)
9004200983 (hardback ; alk. paper)
9789004200999 (e-book)
9004200983 (hardback ; alk. paper)
9789004200999 (e-book)
Description
xvi, 341 pages ; 25 cm
System Control No.
(OCoLC)918591075
Summary
"[The author] offers an in-depth examination of all relevant facets of the jurisdiction of this important international judicial institution. Created by the United Nations Convention on the Law of the Sea, ITLOS plays an essential role not only in respect to the interpretation of this major international treaty but also to the contemporary law of the sea in general. The book covers both the contentious (ratione materiae, ratione personae, mainline, incidental, compulsory, not compulsory) and the advisory jurisdiction of ITLOS, which are analyzed not only from a theoretical perspective but also in light of the Tribunal's jurisprudence."--Page 4 of cover.
Bibliography, etc. Note
Includes bibliographical references (pages 315-335) and index.
Record Appears in
Table of Contents
Foreword
xi
Acknowledgements
xiii
Abbreviations and Acronyms
xiv
Introduction
1
pt. 1
Contentious Jurisdiction
SECTION 1
Ratione Materiae
1.
Principal Jurisdiction (Mainline Jurisdiction or Jurisdiction on the Merits)
10
1.
Voluntary or Compulsory Nature of the Principal Ratione Materiae Contentious Jurisdiction of ITLOS
10
2.
Maximum Extent of the Voluntary Jurisdiction of ITLOS. Can ITLOS Deal with Non-Law of the Sea Disputes?
13
3.
Ways of Conferring Jurisdiction on ITLOS
29
3.1.
Ante controversiam
30
3.1.1.
UNCLOS as the Main axle of ITLOS Jurisdiction
31
3.1.1.1.
General view of the Disputes Settlement System of UNCLOS
31
3.1.1.2.
Disputes Concerning the Interpretation or Application of Convention
37
3.1.1.3.
Disputes Not Submitted to the Settlement System of UNCLOS and Disputes Submitted to it
48
3.1.1.4.
Disputes Falling and not Falling under the Compulsory Procedures Entailing Binding Decisions of UNCLOS
77
3.1.1.5.
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 Sea
145
3.1.2.
Other Treaties where ITLOS is Envisaged among the Means for Settlement
173
3.2.
Post Controversiam
186
3.2.1.
Special Agreement (Compromis)
187
3.2.2.
Forum Prorogatum
200
2.
Incidental (Accessory) Jurisdiction
203
1.
Introdution
203
2.
Competence de la Competence
205
3.
Conduct of Proceedings
211
4.
Incidental Jurisdiction Stricto Sensu
212
4.1.
Jurisdiction on Provisional Measures (Articles 25 ST, 290 UNCLOS and 89 to 95 RT)
213
4.1.1.
Provisional Measures in General
213
4.1.2.
Jurisdiction of the International Tribunal for the Law of the Sea to Prescribe Provisional Measures
216
4.1.2.1.
Regulation
216
4.1.2.2.
Disputes Concerning the Interpretation or Application of UNCLOS
218
4.1.2.3.
Disputes Concerning the Interpretation or Application of other International Treaties
247
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)
250
4.3.
Jurisdiction to Decide on the Allegation of Preliminary Objections (Articles 294.3 UNCLOS and 97 RT)
252
4.4.
Jurisdiction to Decide on the Admission or not of a Counter- Claim (Article 98 RT)
254
4.5.
Jurisdiction to Decide on a Request for Intervention (Articles 31 and 32 ST, and Articles 99 and 100 RT)
256
4.6.
Jurisdiction to Decide on the Discontinuance of the Proceedings as requested by the Applicant (article 106 RT)
259
5.
Jurisdiction after the Judgment or the Final Decision
261
SECTION 2
Ratione Personae
3.
Regulation
267
4.
States Parties. Special Reference to the European Union
268
5.
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?
288
pt. 2
Advisory Jurisdiction
6.
Difficulty in Defining the Advisory Jurisdiction of ITLOS
297
7.
Regulation
300
8.
Advisory Jurisdiction Expressly Conferred on ITLOS by the Law of the Sea Convention: The Advisory Jurisdiction of the Seabed Disputes Chamber
301
9.
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
310
Bibliography
315
Index
336