The document provides an introduction to the International Tribunal for the Law of the Sea (ITLOS). It discusses that ITLOS was established by the UN Convention on the Law of the Sea to adjudicate disputes arising from interpretation and application of the Convention. ITLOS is composed of 21 independent members from different legal systems and geographic regions. The document outlines ITLOS's jurisdiction and composition, as well as the cases and procedures that have come before the Tribunal since its establishment.

1. Introduction
By
SHRIPAD JAGDALE
LLM (International Law) Candidate
Faculty of Law, Parul University
International Tribunal for the Law of the
Sea

2. INTRODUCTION TO
ITLOS
 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.
 The Tribunal is composed of 21
independent members, elected from among
persons enjoying the highest reputation for
fairness and integrity and of recognized
competence in the field of the law of the
sea.
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3. • The United Nations Convention on the
Law of the Sea was opened for signature at
Montego Bay, Jamaica, on 10th December
1982. It entered into force 12 years later, on
16 November 1994.
• A subsequent Agreement relating to the
implementation of Part XI of the
Convention was adopted on 28th July 1994
and entered into force on 28th July 1996.
• This Agreement and Part XI of the
Convention are to be interpreted and applied
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4. • The origins of the Convention date from
1 November 1967 when Ambassador “Arvid
Pardo” of Malta addressed the General
Assembly of the United Nations and called for
"an effective international regime over the
seabed and the ocean floor beyond a clearly
defined national jurisdiction”.
• This led to the convening, in 1973, of the
Third United Nations Conference on the Law
of the Sea, which after nine years of
negotiations adopted the Convention.
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5. • The Convention establishes a comprehensive legal
framework to regulate all ocean space, its uses and
resources. It contains, among other things, provisions
relating to the territorial sea,
• the contiguous zone,
• the continental shelf,
• the exclusive economic zone and the high seas.
• It also provides for the 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 and subsoil
thereof, beyond the limits of national jurisdiction (the Area).
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7. JURISDICTION
•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).
• The Tribunal is open to States Parties to the
Convention (i.e. States and international organisations
which are parties to the Convention).
• It is also open to entities other than States Parties, i.e.
States or intergovernmental organisations which are not
parties to the Convention, and to state enterprises and
private entities "in any case expressly provided for in
Part XI or in any case submitted pursuant to any other
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8. • The Convention declares the Area and its resources to be
"the common heritage of mankind".
The International Seabed Authority, established by the
Convention, administers the resources of the Area.
• Part XV of the Convention lays down a comprehensive
system for the settlement of disputes that might arise with
respect to the interpretation and application of the
Convention. It requires States Parties to settle their disputes
concerning the interpretation or application of the
Convention by peaceful means indicated in the Charter of
the United Nations.
• However, if parties to a dispute fail to reach a settlement
by peaceful means of their own choice, they are obliged to
resort to the compulsory dispute settlement procedures
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9. THE MECHANISM ESTABLISHED BY 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).
• If the parties to a dispute have not accepted the same
settlement procedure, the dispute may be submitted only to
arbitration in accordance with Annex VII, unless the parties
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10. • Pursuant to the provisions of its Statute, the Tribunal has
formed the following Chambers: the Chamber of Summary
Procedure, the Chamber for Fisheries Disputes, the Chamber
for Marine Environment Disputes and the Chamber for
Maritime Delimitation Disputes.
• At the request of the parties, the Tribunal has also
formed special chambers to deal with the Case concerning
the Conservation and Sustainable Exploitation of Swordfish
Stocks in the South-Eastern Pacific Ocean (Chile/European
Community) and the Dispute Concerning Delimitation of the
Maritime Boundary between Ghana and Côte d'Ivoire in the
Atlantic Ocean.
• Disputes relating to activities in the International Seabed
Area are submitted to the Seabed Disputes Chamber of the
Tribunal, consisting of 11 judges. Any party to a dispute over
which the Seabed Disputes Chamber has jurisdiction may
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11. • The Tribunal is open to States Parties to the Convention and,
in certain cases, to entities other than States Parties (such as
international organizations and natural or legal persons)
(Access to the Tribunal).
• The jurisdiction of the Tribunal comprises all disputes
submitted to it in accordance with the Convention. It also
extends to all matters specifically provided for in any other
agreement which confers jurisdiction on the Tribunal. To date,
ten multilateral agreements have been concluded which confer
jurisdiction on the Tribunal (relevant provisions of these
agreements).
• Unless the parties otherwise agree, the jurisdiction of the
Tribunal is mandatory in cases relating to the prompt release of
vessels and crews under article 292 of the Convention and to
provisional measures pending the constitution of an arbitral
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12. • The Seabed Disputes Chamber is competent
to give advisory opinions on legal questions
arising within the scope of the activities of the
International Seabed Authority. The Tribunal
may also give advisory opinions in certain
cases under international agreements related
to the purposes of the Convention.
• Disputes before the Tribunal are instituted
either by written application or by notification of
a special agreement. The procedure to be
followed for the conduct of cases submitted to
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13. ITLOS Time Line
3 December 1973, New York
Opening of the Third United Nations Conference on the Law
of the Sea, during which the United Nations Convention on
the Law of the Sea is drafted. The conference is held in New
York, Geneva and Caracas.
27 August 1974, Caracas
The informal working group formed to discuss all matters
pertaining to the settlement of disputes which could arise out
the application or interpretation of the Convention proposes
three distinct mechanisms, i.e. arbitration,
the International Court of Justice and a tribunal for the law of
the sea in what was known as the 'Document of Caracas'.
22-23 March 1975, Geneva
The proposals for a three-fold mechanism for the settlement
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15. May 1975, Geneva
After the third session, the President of the Conference
submits to the delegations an informal single negotiating text
on the settlement of disputes which contains a draft Statute of
the Law of the Sea Tribunal, but also considers the creation of
a tribunal to deal exclusively with activities in the Area, as an
organ of the International Seabed Authority.
1976, New York
The issue of the settlement of disputes is debated for the first
time in the plenary of the Conference. The 'Montreux Formula'
is adopted and the Conference opts for the creation of a
single tribunal with a specialized chamber to deal with
disputes relating to the Area.
15 July 1977, New York
The first consolidated text of the proposed Convention is
presented, with the dispute settlement procedure accepted as
15

16. 22 September 1980, New York
The name for the adjudicatory body created by the Convention
is adopted: the International Tribunal for the Law of the Sea.
21 August 1981, New York
Hamburg is chosen as the seat of the Tribunal by the
Conference.
10 December 1982, Montego Bay
The Convention opens for signature.
15 March 1983, Kingston
The first meeting of the Preparatory Committee to discuss all
issues pertaining to the concrete establishment and operation
of the Tribunal.
16 November 1993, New York
Guyana deposits the 60th ratification of the Convention with the
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17. 16 November 1994, New York
The Convention enters into force.
1 August 1996, New York
The election of the first 21 Judges by the fifth Meeting of States Parties to the
Convention.
5 October 1996, Hamburg
The Judges elect the first President of the Tribunal (Thomas A. Mensah of Ghana)
and Vice-President (Rüdiger Wolfrum of Germany).
3 March 1997, Hamburg
The Tribunal establishes the Seabed Disputes Chamber, the Chamber for Fisheries
Disputes and the Chamber for Marine Environment Disputes.
8 September 1998, Hamburg
Entry into force of the Relationship Agreement between the Tribunal and the United
Nations.
10 December 2003, Hamburg
Establishment of the International Foundation for the Law of the Sea (IFLOS).
16 March 2007, Hamburg
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18. GENERAL
• The Convention was adopted by the Third United
Nations Conference on the Law of the Sea on 30 April
1982 and opened for signature on 10 December 1982. It
entered into force on 16 November 1994.
• There are currently 167 States Parties to the Convention.
This includes 166 States and one international
organization (European Community). A full list of States
Parties may be found on the internet pages of the United
Nations Division for Ocean Affairs and Law of the Sea.
• The Tribunal was established as a specialised tribunal to
deal with disputes arising out of the interpretation and
application of the Convention.
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19. • The Tribunal came into existence following the entry into force of the
Convention on 16 November 1994. After the election of the first judges
on 1 August 1996, the Tribunal took up its work in Hamburg on 1 October
1996. The official inauguration of the Tribunal was held on 18 October
1996.
• The two official languages of the Tribunal are English and French. Other
languages may be used by parties during proceedings, in which case the
party concerned is requested to make the necessary arrangements for
interpretation and/or translation into one of the official languages.
• The Tribunal and the United Nations have entered into agreement
concerning cooperation and relationship. The United Nations has
granted the Tribunal observer status in the General Assembly. In addition
the staff of the Tribunal are remunerated in accordance with the United
Nations common system of salaries, allowances and benefits, as
administered by the International Civil Service Commission. The Tribunal
participates in the United Nations Joint Staff Pension Fund.
• The States Parties pay contributions to the budget based upon the scale
of assessments of the budget of the United Nations adjusted to take into
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JUDGES
• The judges of the Tribunal are elected by the States
Parties. Elections for the position of one-third of the
judges of the Tribunal are held at the Meeting of States
Parties every three years in New York. Candidates must
be nominated by States Parties and require a two-thirds
majority of the votes of the States Parties present and
voting in order to be elected.
• Article 2 of the Statute of the Tribunal sets down that it
"shall be composed of a body of 21 independent
members, elected from among persons enjoying the
highest reputation for fairness and integrity and of
recognized competence in the field of the law of the
sea."
• The judges are elected for a term of nine years.
• The Tribunal may not include more than one judge of

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•The Tribunal may not include more than one judge of the
same nationality on its bench and the representation of the
principal legal systems of the world and geographical
distribution shall be assured.
•The composition of the Judges is currently as follows:
•Africa: 5
•Asia: 5
•Eastern Europe: 3
•Latin America and the Caribbean: 4
•Western Europe and other States: 4
•Only the President of the Tribunal is permanently based in
Hamburg. The other judges must be permanently available to
exercise their functions and travel to Hamburg for cases and
organizational sessions.
•The judges elect the President and Vice-President from
among themselves by secret ballot for three years.

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• A party to a case that does not have a judge of its own
nationality on the bench may nominate a person to sit as a
judge during the case. The judge ad hoc participates in that
case on an equal basis with the other judges.
• The Tribunal has constituted the Seabed Disputes Chamber
and the Chamber of Summary Procedure. Three other
chambers have been formed by the Tribunal, the Chamber for
Fisheries Disputes, the Chamber for Marine Environment
Disputes and the Chamber for Maritime Delimitation Disputes.
• In addition special chambers have been formed to deal with
the Case concerning the Conservation and Sustainable
Exploitation of Swordfish Stocks in the South-Eastern Pacific
Ocean (Chile/European Community) and the Dispute
Concerning Delimitation of the Maritime Boundary between
Ghana and Côte d'Ivoire in the Atlantic Ocean (Ghana/Côte

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REGISTRY
• The Registry is the administrative organ of the Tribunal. Headed
by the Registrar, it consists of a number of different departments:
Legal, Administration and Finance, Electronic Data Processing,
Press, Conference and Linguistic Services and Library.
• The Registrar is responsible for all legal and administrative work,
for the assessment and collection of contributions, and for the
administration of the accounts and finances of the Tribunal. The
Registrar is the regular channel of communications to and from the
Tribunal, keeps the List of cases, and keeps copies of
communications and agreements as required by the Rules.
• There are currently 36 members of staff.
• The Tribunal endeavours to maintain as wide a geographical
distribution as possible in its selection of staff. There are currently
18 different nationalities represented at the Tribunal.

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CASES
• The List of cases is a list of all the cases that have been submitted to the
Tribunal.
• Twenty-four cases have been submitted to the Tribunal to date.
•Disputes before the Tribunal are instituted either by written application or
by notification of a special agreement. The procedure to be followed for the
institution of proceedings before the Tribunal is defined in the Statute and
the Rules of the Tribunal as well as in theGuidelines concerning the
Preparation and Presentation of Cases before the Tribunal.
• Any case arising out of the application or interpretation of the United
Nations Convention on the Law of the Sea may be brought to the Tribunal.
In the cases submitted to the Tribunal to date the following matters have
figured prominently: prompt release of vessels and crews under article 292
of the Convention, coastal State jurisdiction in its maritime zones, freedom
of navigation, hot pursuit, marine environment, flags of convenience and
conservation of fish stocks. The Tribunal's jurisdiction also extends to cases
arising out of other agreements that confer jurisdiction on the Tribunal.

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• Generally speaking, all parties to a case have to accept the
jurisdiction of the Tribunal before the case is dealt with by the
Tribunal. The jurisdiction may be accepted either before the
dispute arises or thereafter.
• The Tribunal is also open to entities other than States Parties
to the Convention 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. In Part XI provision
is made, for example, for private companies or individuals to
bring cases to the Seabed Disputes Chamber in connection
with activities in the Area.
• The decisions of the Tribunal are final and binding and the
parties to the dispute are required to comply with them.
However, the Tribunal has no means of enforcing its

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• Article 292 of the Convention deals with cases relating to the
prompt release of vessels and crews from detention, in certain
cases when it is alleged that the detaining State has not
complied with the provisions of the Convention for the prompt
release of vessels and crews upon the posting of a reasonable
bond or other financial security. Under its Rules, the Tribunal is
required to deliver its judgments in such cases within 30 days
of the date upon which the application is filed with the Tribunal.
• The parties to a dispute are required to comply promptly with
any provisional measures prescribed by the Tribunal either
under article 290, paragraph 1, of the Convention or under
article 290, paragraph 5, of the Convention.
• The decisions of the Tribunal are final. However, the Rules of
the Tribunal make provision regarding requests for the
interpretation or revision of a judgment.

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THANK YOU