EVALUATE THE ROLE OF THE INTERNATIONAL TRIBUNAL FOR
THE LAW OF THE SEA
Reda Tayyaba
BA.L.L.B (HONS)
4th semester
Roll no 45
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INTRODUCTION
In this project work we will be discussing and exploring about the Law of The Sea and the role
of International Tribunal regarding it. We will be focusing on all the essential elements of it. The
father of International law responsible for the concept of ‘Freedom of The Seas’ is Hugo Grotius.
Law of the seas were evolved during the time of Grotius and they were observed by the States as
customary rules of International law. Grotius declared that ‘No part of the sea may be regarded
as pertaining to the domain of any given nation’.
The entire sea was divided into three parts, viz. , territorial sea, contiguous sea, and the high
seas. Laws relating them were settled up to nineteenth century. However since the beginning of
the present century some developments began to take place. Which caused several conflicts
among nations. After the Second World War, things began to change rapidly.1
UN Law of the Seas Conferences have met a number of times since 1973. The stated purpose of
the law of the sea conference has been ‘to develop rules for peaceful use of the seabed beyond
the continental shelf to the entire spectrum of ocean uses’.
The law of the sea has come into a shape through the introduction of the United Nations
Convention on the Law of the Sea in 1982. This convention which commonly known as
UNCLOS III has codified many issues which were being practiced from very ancient time and
also included new provisions.
1
Dr. H.O. Agarwal, International Law and Human Rights, (central law publication, Allahabad, 21st edition, p no.128)
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LAW OF THE SEA
Law of the Sea is that branch of international law which is concerned with public order at sea.
Much of this law is codified in the United Nations Convention on the Law of the Sea. The
convention, described as a “constitution for the oceans,” represents an attempt to codify and
generalize international law regarding territorial waters, sea-lanes, and ocean resources. It came
into force in 1994 after it had been ratified by the requisite 60 countries, by the early 21st century
the convention had been ratified by more than 150 countries.
The law of the sea comprises the rules governing the use of the sea, including its resources and
environment. The law of the sea is one of the principal subjects of international law and is a
mixture of treaty and established or emerging customary law. The law of the sea covers rights,
freedoms and obligations in areas such as shipping, territorial seas and waters and the high seas,
fishing, wrecks and cultural heritage, protection of the marine environment and dispute
settlement.
FIRST AND SECOND UNITED NATIONS CONFERENCE ON THE LAW
OF THE SEA
The General Assembly of the United Nations on February 21,1957 adopted a resolution for
convening a conference on the Law of The Sea. Consequently, in 1958, a conference was held in
Geneva to consider a number of drafts prepared by the international Law Commission. The
conference was attended by eighty-two states. The Geneva Conference adopted four
conventions. They were: convention on the Territorial Sea and contiguous zone; convention
on the High Seas; Convention on the Fishing and Conservation of living resources and the
convention on the continental shelf. All the four conventions came into force. The most
important issue which was left undecided was the breadth of the territorial sea. It was so because
all the states were not agreeable to one and the same limit of the territorial sea.
In order to resolve this specific issue, Second Conference on the Law of the Sea was held in
Geneva in 1960, but it again failed due to different claims of the states. However, it began to be
realized that the laws formulated by the Geneva Conference were inadequate in view of the
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hidden vast quantities of minerals, oils and gas deposit in the sea, and the increased efficiency
and capacity of some of the states to exploit them.2
THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA
The Third United Nations Conference on the Law of the Sea was held in New York. In an
attempt to reduce the possibility of groups of nation-states dominating the negotiations. The
convention conducted a number of provisions. The most significant issues covered were setting
limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs),
continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the
marine environment, scientific research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined baseline. With
more than 160 nations participating, the conference lasted until 1982.
ESSENTIAL FEATURES OF THE LAW OF THE SEA CONVENTIONS
Though there are three conventions but the most important and useful is the convention which
came into existence after 9 years of discussion from 1973-1982. UNCLOS, 1982 is one of the
largest, and likely one of the most prominent, legal agreements in history. The treaty contains
320 articles and 9 annexes and as usual a preamble of its.
The convention synthesizes and is based upon the agreements that were developed at the
first conference for UNCLOS I. The agreement addresses a countless of issues including
navigational rights of ships and aircraft, limits on the extension of national sovereignty over the
oceans, environmental protection of the oceans, conservation of living resources and mining
rights with other common issues as well of major importance.
2
Ibid pg no 128
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INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS)
The International Tribunal for the Law of the Sea (abbreviated as tribunal) is an independent
judicial body which has jurisdiction to decide the disputes concerning the interpretation or
application of the convention. The Tribunal has been established in accordance with the statute
which is an integral part of the convention and forms annex 6 thereto.
The International Tribunal for the Law of the Sea (ITLOS) was established by the 1982 United
Nations Convention on the Law of the Sea as a body to settle disputes between States Parties to
the Convention regarding the interpretation or application of the Conventions provisions,
including provisions concerning the exercise of the powers of States over shipping and the
discharge by states of their responsibilities and obligations in relation to ships.
In its previous judgments, ITLOS has provided clarifications of some essential areas of the law
of the sea concerning the operation and regulation of shipping by flag States and other states.
International Tribunal for Law Of the Sea plays a key role in the area of the Law of the Sea
Convention relating to the prompt release of ships and their crews that are arrested or detained in
a foreign port or likewise.
There are many advantages to be gained by States and shipping operators from using ITLOS as
the main body for the settlement of disputes under agreements. These advantages include savings
in time and expenses which are accordingly beneficial.
Composition
The Tribunal is composed of 21 independent members elected from among persons enjoying the
highest reputation for fairness and integrity and of recognized and well known competence in the
field of the law of the sea.
Power of the ITLOS
The Tribunal has jurisdiction over any dispute concerning the interpretation or application of the
Convention and over all matters specifically provided for in any other agreement which confers
jurisdiction on the Tribunal Statute article 21.
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Tribunal is open to states (i.e states and international organizations which are parties to
the convention).
It is open to entities other than state parties.
An effective international regime over the seabed and the ocean floor beyond a clearly
defined national jurisdiction.
Functions of the ITLOS
The ITLOS provides with various important functions which are of great importance for the
functioning of sea laws and order. Some of them are
Provisions relating to the territorial sea the contiguous one the continental shelf the
exclusive economic and the high seas.
Protection and preservation of the marine environment for marine scientific research and
for the development and transfer of marine technology.
One of the most important parts of the Convention concerns the exploration for and
exploitation of the resources of the seabed and ocean floor.
If parties to a dispute fail to reach a settlement by peaceful means of their own choice,
then they are obliged to resort to the compulsory dispute settlement procedures insuring
binding decisions.
There are many other prominent functions of the ITLOS which are prescribed for better
and enriched functioning of the laws of the seas.
Disputes before the Tribunal are initiated either by written application or by notification
of a special agreement. The procedure to be followed for the conduct of cases submitted
to the Tribunal is defined in its Statute and Rules.
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THE M/V SAIGA CASE
ITLOS decided on December 4, 1997 i.e., almost immediately after the adoption of the Rules of
the Tribunals, the first case i.e., of the M/V Saiga (Saint Vincent and the Grenadines v. Guinea).
In this case the applicant Saint Vincent and the Grenadines instituted the proceedings against the
Government of Guinea for the arrest of the merchant ship Saiga off the coast of West Africa and
asked the Tribunal to determine that the vessel, its cargo and the crew be released immediately
without requiring that any bond be provided. The Guinea, the respondent stated, that since
Guinea committed no illegal act and no violation of the procedure, and that is why, the tribunal
should dismiss the Applicants action. The tribunal decided that Guinea shall promptly release the
M/V Saiga and its crew from detention. However, the release shall be upon the posting of a
security consisting of: (1)the amount of gasoil discharged from the M/V Saiga; and (2)the
amount of 4,00,000 United States dollars, to be posted in the form of a letter of credit or bank
guarantee, or , if agreed by the parties, in any other form.3
3
ITLOS, case no. 2,1999
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CONCLUSION
In conclusion we are thorough with the concept of what is law of the sea and the international
tribunal in its regard, its function, role and importance and relating aspects. The law of the sea is
a body of public international law governing the geographic jurisdictions of coastal States and
the rights and duties among States in the use and conservation of the ocean environment and its
natural resources. The law of the sea is a body of customs, treaties, and international agreements
by which governments maintain order, productivity, and peaceful relations on the sea.
On the other hand The International Tribunal for the Law of the Sea is an independent judicial
body established by the United Nations Convention on the Law of the Sea to adjudicate disputes
arising out of the interpretation and application of the Convention.
In its thirteen years of existence the International Tribunal for the Law of the Sea has established
a different reputation for the efficient management of cases, and has already made a substantial
contribution to the development of international law.
