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

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ISBN13: 9789004200982
Published: December 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



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In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo 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 analysed not only from a theoretical perspective but also in light of the own Tribunal's jurisprudence.

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Subjects:
Public International Law
Contents:
ACKNOWLEDGEMENTS
ABREVIATIONS AND ACRONYMS
INTRODUCTION
PART ONE. CONTENTIOUS JURISDICTION
SECTION ONE. RATIONE MATERIAE
CHAPTER ONE. PRINCIPAL JURISDICTION (MAINLINE JURISDICTION OR JURISDICTION ON THE MERITS)
1. The voluntary or compulsory nature of the principal ratione materiae contentious jurisdiction of ITLOS
2. 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 ITLOS
3.1. Pre-controversiam
3.1.1. UNCLOS as the main axle of ITLOS jurisdiction
3.1.1.1. A general view of the disputes settlement system of UNCLOS
3.1.1..2. Disputes concerning the interpretation or application of UNCLOS
3.1.1.3.. Disputes not submitted to the settlement system of UNCLOS and disputes submitted to it
A. Approach
B. Regulation
a. General provisions
b. Distribution Rules
C. Jurisprudence
3.1.1.4. Disputes faling and not falling under the compulsory procedures entailing binding decisions of UNCLOS
A. 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 system
a. 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 decisions
3.1.1.5. 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 Sea
A. 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 287
3.1.2.- Other treaties where ITLOS is envisaged among the means for settlement
3.2.- Post controversiam
3.2.1.- Special Agreement (Compromis)
3.2.2.- Forum prorogatum
CHAPTER TWO. INCIDENTAL (ACCESSORY) JURISDICTION
1. Introdution
2. Competence de la competence
3. Conduct of proceedings
4. Incidental jurisdiction stricto sensu
4.1. Jurisdiction on Provisional Measures (art.25 ST, 290 UNCLOS and 89 to 95 RT)
4.1.1. Provisional measures in general
4.1.2. Jurisdiction of the International Tribunal for the Law of the Sea to prescribe provisional measures
4.1.2.1. Regulation
4.1.2.2. Disputes concerning the interpretation or application of UNCLOS
4.1.2.3. 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 decision
SECTION TWO. RATIONE PERSONAE
CHAPTER ONE. REGULATION
CHAPTER TWO. STATES PARTIES. SPECIAL REFERENCE TO THE EUROPEAN UNION
CHAPTER 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 JURISDICTION
CHAPTER ONE. THE DIFFICULTY OF DEFINING THE ADVISORY JURISDICTION OF ITLOS
CHAPTER TWO. REGULATION
CHAPTER THREE. THE ADVISORY JURISDICTION EXPRESSLY CONFERRED ON ITLOS BY THE LAW OF THE SEA CONVENTION: THE ADVISORY JURISDICTION OF THE SEA-BED DISPUTES CHAMBER
CHAPTER 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.
BIBLIOGRAPHY
INDEX