ITLOS Admiralty Jurisdiction

The jurisdiction of the Tribunal comprises all disputes and all applications submitted
to it in accordance with the Convention. It also includes all matters specifically
provided for in any other agreement which confers jurisdiction on the Tribunal
(Statute, article 21). The Tribunal has jurisdiction to deal with disputes (contentious
jurisdiction) and legal questions (advisory jurisdiction) submitted to it.

Contentious jurisdiction

(Proceedings before the Tribunal Incidental Proceedings Prompt Release of Vessels

and Crews Interpretation and Revision of Judgments Proceedings before the
Seabed Disputes Chamber Proceedings before Special Chambers)

The Tribunal has jurisdiction over all disputes concerning the interpretation or
application of the Convention, subject to the provisions of article 297 and to the
declarations made in accordance with article 298 of the Convention. Article 297 and
declarations made under article 298 of the Convention do not prevent parties from
agreeing to submit to the Tribunal a dispute otherwise excluded from the Tribunal's
jurisdiction under these provisions (Convention, article 299).

The Tribunal also has jurisdiction over all disputes and all applications submitted to it
pursuant to the provisions of any other agreement conferring jurisdiction on the
Tribunal. A number of multilateral agreements conferring jurisdiction on the Tribunal
have been concluded to date.

(a) Jurisdiction over any dispute concerning the interpretation or application of the
Convention

The Tribunal has jurisdiction over any dispute which is submitted to it in accordance
with Part XV of the Convention concerning the interpretation or application of the
Convention (Convention, article 288, paragraph 1; Statute, article 21) and the
Agreement relating to the Implementation of Part XI of the Convention.

Limitations on and exceptions to applicability of the compulsory procedures entailing

binding decisions (Convention, Part XV, section 2) are contained in articles 297 and
298 of the Convention (declarations made pursuant to article 298).

Any dispute belonging to the categories referred to in articles 297 and 298 of the
Convention may, nevertheless, be submitted to the Tribunal if the parties to the
dispute so agree.

(b) Jurisdiction over any dispute concerning the interpretation or application of other
agreements

Under article 288, paragraph 2, of the Convention, the Tribunal has jurisdiction over
any dispute concerning the interpretation or application of an international agreement
related to the purposes of the Convention which is submitted to it in accordance with
the agreement. Under article 21 of the Statute, the jurisdiction of the Tribunal
includes all matters specifically provided for in any agreement, other than the
Convention, which confers jurisdiction on the Tribunal.

Ten multilateral agreements have been concluded which confer jurisdiction on the
Tribunal (relevant provisions of these agreements).

Pursuant to article 22 of the Statute, any disputes concerning the interpretation or

application of a treaty or convention already in force and relating to the subject-matter
covered by the Convention may, if all the Parties to such agreement so agree, be
submitted to the Tribunal in accordance with the agreement.
(c) Jurisdiction of the Seabed Disputes Chamber

The Seabed Disputes Chamber has jurisdiction over disputes with respect to activities
in the Area, as defined in article 1 of the Convention, falling within the categories
referred to in article 187, subparagraphs (a) to (f), of the Convention. Parties to such
disputes may be States Parties, the International Seabed Authority, the Enterprise,
state enterprises and natural or juridical persons referred to in article 153, paragraph
2(b), of the Convention.

Disputes between States Parties concerning the interpretation or application of Part XI

of the Convention and the Annexes relating thereto may be submitted to a special
chamber of the Tribunal at the request of the parties, or to an ad hoc chamber of the
Seabed Disputes Chamber at the request of any party (Convention, article 188,
paragraph 1). Disputes concerning the interpretation or application of a contract
referred to in article 187, subparagraph (c) (i), of the Convention are required to be
submitted, at the request of a party, to binding commercial arbitration, unless the
parties otherwise agree. However, a commercial arbitral tribunal has no jurisdiction to
decide any question of interpretation of the Convention. When the dispute also
involves a question of the interpretation of Part XI and the Annexes relating thereto,
with respect to activities in the Area, that question shall be referred to the Seabed
Disputes Chamber for a ruling (Convention, article 188, paragraph 2).

The Seabed Disputes Chamber has no jurisdiction with regard to the exercise by the
International Seabed Authority of its discretionary powers and it has no competence to
pronounce itself on the question of whether any rules, regulations and procedures of
the International Seabed Authority are in conformity with the Convention or to declare
them invalid (Convention, article 189).

(d) The Tribunal itself decides any question as to its jurisdiction

In the event of a dispute as to whether the Tribunal has jurisdiction, the matter shall
be settled by decision of the Tribunal (Convention, article 288, paragraph 4; Rules of
the Tribunal, article 58).

(e) Provisional measures

If a dispute has been duly submitted to the Tribunal and if the Tribunal considers that
prima facie it has jurisdiction under Part XV or Part XI, section 5, of the Convention,
the Tribunal may prescribe any provisional measures which it considers appropriate
under the circumstances to preserve the respective rights of the parties to the dispute
or to prevent serious harm to the marine environment, pending the final decision
(Convention, article 290, paragraph 1; Statute, article 25, paragraph 1).

The Tribunal may also prescribe provisional measures in the case covered by article
290, paragraph 5, of the Convention. Under this provision, pending the constitution of
an arbitral tribunal to which a dispute is being submitted and if, within two weeks
from the date of a request for provisional measures, the parties do not agree to submit
the request to another court or tribunal, the Tribunal may prescribe provisional
measures if it considers that prima facie the arbitral tribunal to be constituted would
have jurisdiction and that the urgency of the situation so requires.

(f) Prompt release of vessels and crews

The Tribunal has jurisdiction to entertain an application for the prompt release of a
detained vessel or its crew in accordance with the provisions of article 292 of the
Convention. This article provides that where the authorities of a State Party have
detained a vessel flying the flag of another State Party and it is alleged that the
detaining State has not complied with the provisions of the Convention for the prompt
release of the vessel or its crew upon the posting of a reasonable bond or other
financial security, the question of release from detention may be submitted to the
Tribunal if, within 10 days from the time of detention, the parties have not agreed to
submit it to another court or tribunal (Convention, article 292, paragraph 1). The
application for release may be made only by or on behalf of the flag State of the vessel
(Convention, article 292, paragraph 2).

Advisory jurisdiction

The Seabed Disputes Chamber is competent to give an advisory opinion on legal

questions arising within the scope of the activities of the Assembly or Council of the
International Seabed Authority (article 191 of the Convention).

The Tribunal may also give an advisory opinion on a legal question if this is provided
for by "an international agreement related to the purposes of the Convention" (Rules of
the Tribunal, article 138).

(a) Advisory opinions under the Convention

The Seabed Disputes Chamber has jurisdiction to give advisory opinions at the
request of the Assembly or the Council of the International Seabed Authority
(Convention, articles 159, paragraph 10, and 191).

(b) Advisory opinions on the basis of other international agreements

The Tribunal may also give an advisory opinion on a legal question if an international
agreement related to the purposes of the Convention specifically provides for the
submission to the Tribunal of a request for such an opinion (Rules, article 138,
paragraph 1).

1. Applicable rules - In proceedings relating to advisory opinions, the Seabed

Disputes Chamber applies articles 130 to 137 of the Rules and is guided, when
appropriate, by the provisions of the Convention and the Rules applicable in
contentious cases.
2. Request for advisory opinions - The request for an advisory opinion on a legal
question arising within the scope of the activities of the Assembly or the Council
of the International Seabed Authority should contain a precise statement of the
question. All relevant documents should be annexed to the request or
transmitted as soon as possible thereafter in the number of copies required by
the Registry (Rules, article 131, paragraphs 1 and 2).
3. Notification, written statements and information to the public - Notification of
the request is forthwith given by the Registrar to all States Parties and
intergovernmental organizations able to furnish information on the question,
which may present written statements within a time-limit fixed by the
Chamber, or its President if the Chamber is not sitting (Rules, article 133,
paragraphs 1 to 3). The written statements are made accessible to the public as
soon as possible after their presentation (Rules, article 134).
4. Reading of the advisory opinion - The advisory opinion is read at a public sitting
of the Chamber, the date of which is notified to the Secretary-General of the
International Seabed Authority, the States Parties and the intergovernmental
organizations immediately concerned (Rules, articles 135 and 136).
5. Copies of the advisory opinion - After being signed by the President and the
Registrar, one copy of the opinion is sealed and archived. Other copies are sent
to the Secretary-General of the International Seabed Authority, the Secretary-
 General of the United Nations, States Parties and the intergovernmental
organizations concerned (Rules, article 137).
6. Advisory Proceedings before the Tribunal on the Basis of other International
Agreements - When a request for an advisory opinion is submitted to the
Tribunal in accordance with the provisions of an international agreement
related to the purposes of the Convention, article 138 of the Rules is applicable.

International Agreements Conferring Jurisdiction on the Tribunal

Multilateral Agreements

(i) Agreement to Promote Compliance with International Conservation and

Management Measures by Fishing Vessels on the High Seas

Article IX - Settlement of Disputes

1. Any Party may seek consultations with any other Party or Parties on any
dispute with regard to the interpretation or application of the provisions of this
Agreement with a view to reaching a mutually satisfactory solution as soon as
possible.
2. In the event that the dispute is not resolved through these consultations within
a reasonable period of time, the Parties in question shall consult among
themselves as soon as possible with a view to having the dispute settled by
negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or
other peaceful means of their own choice.
3. Any dispute of this character not so resolved shall, with the consent of all
Parties to the dispute, be referred for settlement to the International Court of
Justice, to the International Tribunal for the Law of the Sea upon entry into
force of the 1982 United Nations Convention on the Law of the Sea or to
arbitration. In the case of failure to reach agreement on referral to the
International Court of Justice, to the International Tribunal for the Law of the
Sea or to arbitration, the Parties shall continue to consult and cooperate with a
view to reaching a settlement of the dispute in accordance with the rules of
international law relating to the conservation of living marine resources.

(ii) Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks

Article 30 -Procedures for the settlement of disputes

1. The provisions relating to the settlement of disputes set out in Part XV of the
Convention apply mutatis mutandis to any dispute between States Parties to
this Agreement concerning the interpretation or application of this Agreement,
whether or not they are also Parties to the Convention.
2. The provisions relating to the settlement of disputes set out in Part XV of the
Convention apply mutatis mutandis to any dispute between States Parties to
this Agreement concerning the interpretation or application of a subregional,
regional or global fisheries agreement relating to straddling fish stocks or highly
migratory fish stocks to which they are parties, including any dispute
concerning the conservation and management of such stocks, whether or not
they are also Parties to the Convention.
3. Any procedure accepted by a State Party to this Agreement and the Convention
pursuant to article 287 of the Convention shall apply to the settlement of
disputes under this Part, unless that State Party, when signing, ratifying or
 acceding to this Agreement, or at any time thereafter, has accepted another
procedure pursuant to article 287 for the settlement of disputes under this
Part.
4. A State Party to this Agreement which is not a Party to the Convention, when
signing, ratifying or acceding to this Agreement, or at any time thereafter, shall
be free to choose, by means of a written declaration, one or more of the means
set out in article 287, paragraph 1, of the Convention for the settlement of
disputes under this Part. Article 287 shall apply to such a declaration, as well
as to any dispute to which such State is a party which is not covered by a
declaration in force. For the purposes of conciliation and arbitration in
accordance with Annexes V, VII and VIII to the Convention, such State shall be
entitled to nominate conciliators, arbitrators and experts to be included in the
lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII,
article 2, for the settlement of disputes under this Part.
5. Any court or tribunal to which a dispute has been submitted under this Part
shall apply the relevant provisions of the Convention, of this Agreement and of
any relevant subregional, regional or global fisheries agreement, as well as
generally accepted standards for the conservation and management of living
marine resources and other rules of international law not incompatible with the
Convention, with a view to ensuring the conservation of the straddling fish
stocks and highly migratory fish stocks concerned.

Article 31 - Provisional measures

1. Pending the settlement of a dispute in accordance with this Part, the parties to
the dispute shall make every effort to enter into provisional arrangements of a
practical nature.
2. Without prejudice to article 290 of the Convention, the court or tribunal to
which the dispute has been submitted under this Part may prescribe any
provisional measures which it considers appropriate under the circumstances
to preserve the respective rights of the parties to the dispute or to prevent
damage to the stocks in question, as well as in the circumstances referred to in
article 7, paragraph 5, and article 16, paragraph 2.
3. A State Party to this Agreement which is not a Party to the Convention may
declare that, notwithstanding article 290, paragraph 5, of the Convention, the
International Tribunal for the Law of the Sea shall not be entitled to prescribe,
modify or revoke provisional measures without the agreement of such State.

Article 32 - Limitations on applicability of procedures for the settlement of disputes

Article 297, paragraph 3, of the Convention applies also to this Agreement.

(iii) 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping
of Wastes and other Matter, 1972

Article 16 - Settlement of disputes

1. Any disputes regarding the interpretation or application of this Protocol shall be

resolved in the first instance through negotiation, mediation or conciliation, or
other peaceful means chosen by parties to the dispute.
2. If no resolution is possible within twelve months after one Contracting Party
has notified another that a dispute exists between them, the dispute shall be
settled, at the request of a party to the dispute, by means of the Arbitral
 Procedure set forth in Annex 3, unless the parties to the dispute agree to use
one of the procedures listed in paragraph 1 of Article 287 of the 1982 United
Nations Convention on the Law of the Sea. The parties to the dispute may so
agree, whether or not they are also States Parties to the 1982 United Nations
Convention on the Law of the Sea.
3. In the event an agreement to use one of the procedures listed in paragraph 1 of
article 287 of the 1982 United Nations Convention on the Law of the Sea is
reached, the provisions set forth in Part XV of that Convention that are related
to the chosen procedure would also apply, mutatis mutandis.
4. The twelve month period referred to in paragraph 2 may be extended for
another twelve months by mutual consent of the parties concerned.
5. Notwithstanding paragraph 2, any State may, at the time it expresses its
consent to be bound by this Protocol, notify the Secretary-General that, when it
is a party to a dispute about the interpretation or application of article 3.1 or
3.2, its consent will be required before the dispute may be settled by means of
the Arbitral Procedure set forth in Annex 3.

(iv) Framework Agreement for the Conservation of the Living Marine Resources on the
High Seas of the South-Eastern Pacific (Galapagos Agreement), 14 August 2000

1. Disagreements among the States Parties as to the interpretation or application

of the provisions established in this Agreement, or in its complementary
instruments, shall be resolved in the first instance through the dispute-
settlement procedures set forth in Article 33 of the Charter of the United
Nations, or in other international instruments in force for the States Parties.
2. If an agreement cannot be reached, disputes must be submitted either to a
conciliation commission or to a technical arbitration body, unless both parties
have agreed upon a different procedure.
3. If the voluntary dispute-resolution measures are exhausted, or if agreement is
not reached on recourse to other instances, such as the International Court of
Justice or the International Tribunal for the Law of the Sea, either of the parties
may solicit a binding arbitration procedure.
4. In no case, subject to the applicable provisions in conformity with international
law, shall disputes concerning the exercise of the coastal States sovereign
rights within their respective national jurisdiction zones be submitted to the
procedures set forth in paragraph 3.

(v) Convention on the Conservation and Management of Highly Migratory Fish Stocks
in the Western and Central Pacific Ocean

Article 31 - Procedures for the settlement of disputes

The provisions relating to the settlement of disputes set out in Part VIII of the
Agreement apply, mutatis mutandis, to any dispute between members of the
Commission, whether or not they are also Parties to the Agreement.

[According to article 1(b) of the Convention: "'Agreement' means the Agreement for the
Implementation of the Provisions of the United Nations Convention on the Law of the
Sea of 10 December 1982 relating to the Conservation and Management of Straddling
Fish Stocks and Highly Migratory Fish Stocks"]1

(vi) Convention on the Conservation and Management of Fishery Resources in the

South-East Atlantic Ocean

Article 24
 1. The Contracting Parties shall cooperate in order to prevent disputes.
2. If any dispute arises between two or more Contracting Parties concerning the
interpretation or implementation of this Convention, those Contracting Parties
shall consult among themselves with a view to resolving the dispute, or to
having the dispute resolved by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful means of their own choice.
3. In cases where a dispute between two or more Contracting Parties is of a
technical nature, and the Contracting Parties are unable to resolve the dispute
among themselves, they may refer the dispute to an ad hoc expert panel
established in accordance with procedures adopted by the Commission at its
first meeting. The panel shall confer with the Contracting Parties concerned and
shall endeavour to resolve the dispute expeditiously without recourse to binding
procedures for the settlement of disputes.
4. Where a dispute is not referred for settlement within a reasonable time of the
consultations referred to in paragraph 2, or where a dispute is not resolved by
recourse to other means referred to in this article within a reasonable time,
such dispute shall, at the request of any party to the dispute, be submitted for
binding decision in accordance with procedures for the settlement of disputes
provided in Part XV of the 1982 Convention or, where the dispute concerns one
or more straddling stocks, by provisions set out in Part VIII of the 1995
Agreement. The relevant part of the 1982 Convention and the 1995 Agreement
shall apply whether or not the parties to the dispute are also Parties to these
instruments.
5. A court, tribunal or panel to which any dispute has been submitted under this
article shall apply the relevant provisions of this Convention, of the 1982
Convention, of the 1995 Agreement, as well as generally accepted standards for
the conservation and management of living marine resources and other rules of
international law, compatible with the 1982 Convention and the 1995
Agreement, with a view to ensuring the conservation of the fish stocks
concerned.

(vii) Convention on the Protection of the Underwater Cultural Heritage

1. Any dispute between two or more States Parties concerning the interpretation
or application of this Convention shall be subject to negotiations in good faith
or other peaceful means of settlement of their own choice.
2. If those negotiations do not settle the dispute within a reasonable period of
time, it may be submitted to UNESCO for mediation, by agreement between the
States Parties concerned.
3. If mediation is not undertaken or if there is no settlement by mediation, the
provisions relating to the settlement of disputes set out in Part XV of the United
Nations Convention on the Law of the Sea apply mutatis mutandis to any
dispute between States Parties to this Convention concerning the interpretation
or application of this Convention, whether or not they are also Parties to the
United Nations Convention on the Law of the Sea.
4. Any procedure chosen by a State Party to this Convention and to the United
Nations Convention on the Law of the Sea pursuant to Article 287 of the latter
shall apply to the settlement of disputes under this Article, unless that State
Party, when ratifying, accepting, approving or acceding to this Convention, or at
any time thereafter, chooses another procedure pursuant to Article 287 for the
purpose of the settlement of disputes arising out of this Convention.
5. A State Party to this Convention which is not a Party to the United Nations
Convention on the Law of the Sea, when ratifying, accepting, approving or
acceding to this Convention or at any time thereafter shall be free to choose, by
means of a written declaration, one or more of the means set out in Article 287,
paragraph 1, of the United Nations Convention on the Law of the Sea for the
purpose of settlement of disputes under this Article. Article 287 shall apply to
 such a declaration, as well as to any dispute to which such State is party,
which is not covered by a declaration in force. For the purpose of conciliation
and arbitration, in accordance with Annexes V and VII of the United Nations
Convention on the Law of the Sea, such State shall be entitled to nominate
conciliators and arbitrators to be included in the lists referred to in Annex V,
Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of
this Convention.

(viii) Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries

Amendment to the Convention on Dispute Settlement

Article 18 bis

The Commission shall make recommendations establishing procedures for the

settlement of disputes arising under this Convention.

NEAFC Recommendation Establishing Procedures for the Settlement of Disputes

In accordance with Article 18 bis of the Convention on Future Multilateral Cooperation

in North-East Atlantic Fisheries, hereinafter referred to as the Convention, NEAFC
recommends the establishment of the following procedures for the settlement of
disputes:

1. Contracting Parties shall co-operate in order to prevent disputes referred to in

paragraph 2 and 3.
2. If any dispute arises between two or more Contracting Parties concerning the
interpretation or application of the Convention, those Contracting Parties shall
expeditiously seek to resolve the dispute by consultation, negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement or other peaceful means
of their own choice.
3. Where a dispute concerns the application of the Convention or the
interpretation or application of a recommendation adopted by the Commission,
the parties to the dispute may refer the dispute to an ad hoc panel constituted
in accordance with rules of procedure adopted by the Commission. The panel
shall at the earliest possible opportunity confer with the Contracting Parties
concerned and shall endeavour to resolve the dispute expeditiously.
4. Where the parties to a dispute have agreed to refer the dispute to the ad hoc
panel procedure, they may agree at the same time to apply provisionally the
relevant recommendation adopted by the Commission until the panel finalizes
its work or the dispute is resolved by the parties to the dispute, whichever
occurs first. Pending the settlement of a dispute in accordance with paragraph
5, the parties to the dispute shall apply provisionally any measure described by
the panel. That provisional application shall cease when the parties to the
dispute agree on arrangements of equivalent effect, when a judicial body to
which the dispute has been referred in accordance with paragraph 5 has taken
a provisional or definitive decision or, in any case, at the date of expiration of
the recommendation of the Commission at issue.
5. Where a dispute is not resolved by recourse to the means set out in paragraphs
2 and 3, one of the parties to the dispute may refer the dispute to compulsory
procedures entailing binding decisions. Such procedures shall be governed
mutatis mutandis by the provisions relating to the settlement of disputes set
out in Part XV of the United Nations Convention on the Law of the Sea of 10
December 1982 (1982 UN Convention) or, where the dispute concerns one or
more straddling stocks, by the provisions set out in Part VIII of the Agreement
for the Implementation of the Provisions of the United Nations Convention on
the Law of the Sea of 10 December 1982 relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4
 August 1995 (1995 Agreement). The relevant parts of the 1982 UN Convention
and the 1995 Agreement shall apply whether or not the parties to the dispute
are also Parties to these instruments.
6. A panel or judicial body to which any dispute has been referred under this
Article shall apply, as appropriate, the relevant provisions of the Convention, of
the 1982 UN Convention, of the 1995 Agreement, and other rules of
international law compatible with the said instruments, as well as
recommendations of the Commission which are applicable to the parties of the
dispute, with a view to ensuring the conservation and optimum utilisation of
the fish stocks concerned.

(ix) Southern Indian Ocean Fisheries Agreement

Article 20 Interpretation and Settlement of Disputes

1. Contracting Parties shall use their best endeavours to resolve their disputes by
amicable means. At the request of any Contracting Party a dispute may be
submitted for binding decision in accordance with the procedures for the
settlement of disputes provided in Section II of Part XV of the 1982 Convention
or, where the dispute concerns one or more straddling stocks, the procedures
set out in Part VIII of the 1995 Agreement. The relevant part of the 1982
Convention and the 1995 Agreement shall apply whether or not the parties to
the dispute are also parties to either of these instruments.
2. If a dispute involves a fishing entity which has expressed its commitment to be
bound by the terms of this Agreement and cannot be settled by amicable
means, the dispute shall, at the request of any party to the dispute, be
submitted to final and binding arbitration in accordance with the relevant rules
of the Permanent Court of Arbitration.

(x) Nairobi International Convention on the Removal of Wrecks, 2007

Article 15 - Settlement of disputes

1. Where a dispute arises between two or more States Parties regarding the
interpretation or application of this Convention, they shall seek to resolve their
dispute, in the first instance, through negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements or other peaceful means of their choice.
2. If no settlement is possible within a reasonable period of time not exceeding
twelve months after one State Party has notified another that a dispute exists
between them, the provisions relating to the settlement of disputes set out in
Part XV of the United Nations Convention on the Law of the Sea, 1982, shall
apply mutatis mutandis, whether or not the States party to the dispute are also
States Parties to the United Nations Convention on the Law of the Sea, 1982.
3. Any procedure chosen by a State Party to this Convention and to the United
Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the
latter, shall apply to the settlement of disputes under this article, unless that
State Party, when ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, chooses another procedure pursuant to
Article 287 for the purpose of the settlement of disputes arising out of this
Convention.
4. A State Party to this Convention which is not a Party to the United Nations
Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or
acceding to this Convention or at any time thereafter shall be free to choose, by
means of a written declaration, one or more of the means set out in Article 287,
paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for
 the purpose of settlement of disputes under this Article. Article 287 shall apply
to such a declaration, as well as to any dispute to which such State is party,
which is not covered by a declaration in force. For the purpose of conciliation
and arbitration, in accordance with Annexes V and VII of the United Nations
Convention on the Law of the Sea, 1982, such State shall be entitled to
nominate conciliators and arbitrators to be included in the lists referred to in
Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes
arising out of this Convention.
5. A declaration made under paragraphs 3 and 4 shall be deposited with the
Secretary-General, who shall transmit copies thereof to the States Parties.

(xi)Convention on the Determination of the Minimal Conditions for Access and

Exploitation of Marine Resources within the Maritime Areas under Jurisdiction of the
Member States of the Sub-Regional Fisheries Commission (SRFC)

Article 33: Submissions of matters to the International Tribunal for the Law of the Sea
for Advisory Opinion

The Conference of Ministers of the SRFC may authorize the Permanent Secretary of
the SRFC to bring a given legal matter before the International Tribunal [for] the Law
of the Sea for advisory opinion.

Article 34: Settlement of disputes

1. Any dispute on the interpretation or implementation of the provisions of the

present Convention shall be brought before the Conference of Ministers of the
SRFC.
2. Disputes shall be settled amicably through conciliation, mediation or
arbitration.
3. Any dispute which shall arise amongst Member States on the interpretation or
implementation of the provisions of the present Convention, which may not be
resolved through the afore-mentioned procedures, shall, on the request of one
of the parties, be brought before the International Tribunal for the Law of the
Sea.

(xii)Convention on the Conservation and Management of High Seas Fishery Resources

in the South Pacific Ocean

Article 34 - Settlement of Disputes

1. Contracting Parties shall cooperate in order to prevent disputes and shall use
their best endeavours to resolve any disputes by amicable means which may
include, where a dispute is of a technical nature, referring the dispute to an ad
hoc expert panel.
2. In any case where a dispute is not resolved through the means set out in
paragraph 1, the provisions relating to the settlement of disputes set out in Part
VIII of the 1995 Agreement shall apply, mutatis mutandis, to any dispute
between the Contracting Parties.
3. Paragraph 2 shall not affect the status of any Contracting Party in relation to
the 1995 Agreement or the 1982 Convention.

(xiii) Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing

Article 22 - Peaceful settlement of disputes

 1. Any Party may seek consultations with any other Party or Parties on any
dispute with regard to the interpretation or application of the provisions of this
Agreement with a view to reaching a mutually satisfactory solution as soon as
possible.
2. In the event that the dispute is not resolved through these consultations within
a reasonable period of time, the Parties in question shall consult among
themselves as soon as possible with a view to having the dispute settled by
negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or
other peaceful means of their own choice.
3. Any dispute of this character not so resolved shall, with the consent of all
Parties to the dispute, be referred for settlement to the International Court of
Justice, to the International Tribunal for the Law of the Sea or to arbitration. In
the case of failure to reach agreement on referral to the International Court of
Justice, to the International Tribunal for the Law of the Sea or to arbitration,
the Parties shall continue to consult and cooperate with a view to reaching
settlement of the dispute in accordance with the rules of international law
relating to the conservation of living marine resources.

(xiv) Amendment to the Convention on Future Multilateral Cooperation in the

Northwest Atlantic Fisheries

Article XV Settlement of Disputes

8. Where the Contracting Parties to a dispute are unable to agree on any peaceful
means referred to in paragraph 2 to resolve their dispute or are unable to otherwise
reach a settlement, the dispute shall at the request of one of them, be submitted to
compulsory proceedings entailing a binding decision pursuant to Part XV, Section 2, of
the 1982 Convention or Part VIII of the 1995 Agreement.

9. Where recourse is made to compulsory proceedings entailing binding decisions, the

Contracting Parties to the dispute shall, unless they agree otherwise, provisionally
apply any recommendation made by the ad hoc panel pursuant to paragraph 4 or,
where applicable, pursuant to Article XIV, paragraph 10. They shall continue to apply
such provisional measures or any arrangements of equivalent effect agreed between
them until a court or tribunal having jurisdiction over the dispute prescribes
provisional measures or renders a decision, or, until the expiration of the measure in
question.

(xv)Convention on the Conservation and Management of High Seas Fisheries

Resources in the North Pacific Ocean

Article 19 - Settlement of Disputes

The provisions relating to the settlement of disputes set out in Part VIII of the 1995
Agreement apply, mutatis mutandis, to any dispute between Contracting Parties,
whether or not they are also Parties to the 1995 Agreement.

Bilateral Agreements

(i) Treaty on the Delimitation of the Maritime Frontier between the Republic of Cape
Verde and the Republic of Senegal

Article 6 - Any dispute regarding the interpretation or application of this Treaty shall
be settled by negotiation.
If, within a reasonable period of time, these negotiations fail to produce a settlement,
the two Parties may have recourse to any other mutually agreed means of peaceful
settlement, without prejudice to article 287 of the United Nations Convention on the
Law of the Sea of 1982.

(ii) Agreement between the Government of the Kingdom of Norway and the
Government of the Kingdom of Belgium concerning the laying of the gas transportation
pipeline Norfra on the Belgian continental shelf

Article 5

Any dispute concerning the interpretation or application of this Agreement, which it

has not been possible to settle within the framework of the co-operation provided for in
paragraph 4, or through diplomatic channels, shall be settled on the basis of the
procedure provided in Part XV (Settlement of disputes) of the UNCLOS.

(iii) Treaty on the Delimitation of the Maritime Frontier between the Islamic Republic
of Mauritania and the Republic of Cape Verde

Article 7

1. Any dispute regarding the interpretation or application of this Treaty shall be

settled by negotiation.
2. If, within a reasonable period of time and in conformity with the preceding
paragraph, these negotiations fail to produce a settlement, the two Parties may
have recourse to any other mutually agreed means of peaceful settlement,
without prejudice to article 287 of the United Nations Convention on the Law of
the Sea of 1982.

(iv) Exclusive Economic Zone Co-Operation Treaty between the State of Barbados
and the Republic of Guyana concerning the Exercise of Jurisdiction in their Exclusive
Economic Zones in the Area of Bilateral Overlap within Each of their Outer Limits and
beyond the outer Limits of the Exclusive Economic Zones of Other States

Article 10 - Dispute Resolution

1. Any dispute concerning the interpretation or application of the provisions of

this Treaty shall be resolved by direct diplomatic negotiations between the two
Parties.
2. If no agreement can be reached within a reasonable period of time, either Party
may have recourse to the dispute resolution provisions contemplated under the
[United Nations] Convention [on the Law of the Sea].
3. Any decision or interim order of any court or tribunal constituted pursuant to
Article 10 (2) shall be final and binding on the Parties. The Parties shall carry
out in good faith all such orders and decisions.

(v) Agreement between the United Republic of Tanzania and the Republic of Kenya
on the Delimitation of the Maritime Boundary of the Exclusive Economic Zone and the
Continental Shelf, 23 June 2009

Article 5 - Dispute Resolution

Any dispute concerning the interpretation or application of this agreement shall be
resolved by mediation, negotiations or other peaceful means agreed by the Parties in
accordance with provisions of the United Nations Convention on the Law of the Sea
(UNCLOS).

ACCESS TO THE TRIBUNAL

States Parties to the United Nations Convention on the Law of the Sea - The
Tribunal is open to States Parties to the Convention (Convention, article 291,
paragraph 1; Statute of the Tribunal, article 20, paragraph 1). The entities referred to
in article 305, paragraph 1(c) to (f), of the Convention may also become parties. There
are currently 168 States and other entities that are parties to the Convention (status
of the Convention and the Agreement relating to the implementation of Part XI of the
Convention).

Declarations under article 287 of the Convention - 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).

Entities other than States Parties - The Tribunal is open to entities other than
States Parties in any case expressly provided for in Part XI of the Convention or in any
case submitted pursuant to any other agreement conferring jurisdiction on the
Tribunal which is accepted by all the parties to that case (Convention, article 291;
Statute, article 20, paragraph 2).