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Settlement of disputes before the International Tribunal for the Law of the Sea (ITLOS)

In: Research Handbook on International Procedural Law

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  • Konrad Jan Marciniak

Abstract

This chapter aims at presenting, in a possibly holistic manner, procedural issues pertaining to the settlement of disputes before the ITLOS. It briefly introduces the legal context in which the Tribunal operates, that is, UNCLOS, subsequently focusing on strictly procedural issues. The presentation begins with selected general aspects of the proceedings before the Tribunal, which is followed by a discussion of more specialized procedures (in particular, advisory or incidental proceedings and prompt release proceedings). While the rules shaping the procedures before the ITLOS have been based, to a large extent, on those of the ICJ, it has been necessary to adapt and modify them with respect to specific types of procedures and jurisdiction that UNCLOS envisages for the ITLOS, taking into account need to ensure that these proceedings are conducted without unnecessary delay or expense.

Suggested Citation

  • Konrad Jan Marciniak, 2024. "Settlement of disputes before the International Tribunal for the Law of the Sea (ITLOS)," Chapters, in: Joanna Gomula & Stephan Wittich & Markus Stemeseder (ed.), Research Handbook on International Procedural Law, chapter 5, pages 98-121, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:18416_5
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    File URL: https://www.elgaronline.com/doi/10.4337/9781788970792.00017
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    Keywords

    Law - Academic;

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