Law of the Sea

“The International Tribunal for the Law of the Sea – Commentary, Case-Law Digest and the Reference Guide (1994 - 2014), is an outcome of the teaching, research and consultation experience that has been gathered while working in the field of law of the sea and public international law in general. This work builds upon the academic and juristic work reflected in two volumes on the International Court of Justice, namely, the World Court Reference Guide 2002 and 2014 editions. This work will be helpful in learning the Tribunal’s decisive role in ascertaining, noting and developing the rules of law of the sea. The case-law digest will also be useful to understand and put in a proper perspective the on-going debate of fragmentation of international law due to, among others, creation and functioning of various international courts and tribunals. Although the Tribunal does not possess legislative powers or the power to codify international law, its pronouncements in the law of the sea in the last two decades, reflect a different orientation in the future. Advisory opinions rendered by the Tribunal particularly enable the readers to think of this emerging trend. Furthermore, the judicial activism which is largely seen in the domestic courts is slowly permeating through the Tribunal as well. One can see that the pronouncements extracted in form of case-law digest in this edition quite support this drift.

This edition is divided into four parts. The first part presents a concise assessment of the decision and explains the summary in the light of the Tribunal’s earlier jurisprudence and international law of the sea in general. Each commentary describes the facts of a particular case, the arguments of the parties involved and the decision of the Tribunal.The second part provides case-law digest of legal maxims and extracts from cases that have been dealt by the Tribunal since its inception till September 2014. The third part describes the evolution of the history of each of the case and advisory opinions that has been dealt by the Tribunal. The fourth part contains ITLOS Rules of Procedure and Declarations made by States under the UNCLOS.” 

"Professor Bimal N. Patel offers, in his book, a path to a further study of the jurisprudence of the International Tribunal for the Law of the Sea."

       - Brazilian Yearbook of International Law.

"Professor Patel has provided a ready insight into the jurisprudence of ITLOS and its contribution to international law and provided greater insights into the functioning of this dispute settlement institution. The work covers all the decisions of ITLOS from its inception to the " Ara Libertad" case in November 2012. "

         -  Canadian Yearbook of International Law.

Table of Cases

Introduction & Acknowledgments

Part I

ITLOS CASE COMMENTARY

1. The M/V “Saiga” case (Saint Vincent and the Grenadines v. Guinea)

2. Southern Bluefin Tuna cases (New Zealand v. Japan; Australia v. Japan)

3. The “Camouco” case (Panama v. France)

4. The “Monte Confurco” case (Seychelles v. France)

5. Case Concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean Chile v. European Union

6. The “Grand Prince” case (Belize v. France)

7. The “Chaisiri Reefer 2” case (Panama v. Yemen)

8. The Mox Plant case (Ireland v. United Kingdom)

9. The “Volga” case (Russian Federation v. Australia)

10. Case Concerning Land Reclamation case (Malaysia v. Singapore)

11. The “Juno Trader” case (Saint Vincent and the Grenadines v. Guinea-Bissau)

12. The “Hoshinmaru” case (Japan v. Russian Federation)

13. The “Tomimaru” case (Japan v. Russian Federation)

14. Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh v. Myanmar)

15. The M/V “Louisa” case (Saint Vincent and the Grenadines v. Kingdom of Spain)

16. The M/V “Virginia” case (Panama v. Guinea-Bissau)

17. The “Arctic Sunrise” case (Netherlands v. Russian Federation)

18. The “Ara Libertad” case (Argentina v. Ghana Provisional Measures)

Part II

ITLOS CASE-LAW DIGEST

1. High Seas—Freedom of the High Seas — Right of Navigation

2. Nationality of Ships — Status of Ships — Duties of the Flag State — Immunity of Warship on the High Seas — Right of Hot Pursuit

3. Conservation and Management of the Living Resources of the High Seas — Marine Environment

4. Principles Governing the Area

5. Maritime Delimitation

6. Settlement of Disputes and Advisory Opinions

7. General

Part III-A

ITLOS REFERENCE GUIDE: CASES

1. The M/V “Saiga” case (St. Vincent and Grenadines v. Guinea-Bissau)

2. The M/V “Saiga” case (St. Vincent and Grenadines v. Guinea-Bissau)

3. Southern Bluefin Tuna cases (New Zealand v. Japan; Australia v. Japan)

4. The “Camouco” case (Panama v. France)

5. The “Monte Confurco” case (Seychelles v. France)

6. Case Concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean: (Chile v. European Community)

7. The “Grand Prince” case (Belize v. France)

8. The “Chaisiri Reefer 2” case (Panama v. Yemen)

9. The Mox Plant case (Ireland v. United Kingdom)

10. The “Volga” case (Russian Federation v. Australia)

11. Case Concerning Land Reclamation by Singapore in and around the Straits of Johor (Malaysia v. Singapore)

12. The “Juno Trader” case (St. Vincent and Grenadines v. Guinea-Bissau)

13. The “Hoshinmaru” case (Japan v. Russian Federation)

14. The “Tomimaru” case (Japan v. Russian Federation)

15. Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh v. Myanmar)

16. The M/V “Louisa” case (St. Vincent and Grenadines v. Kingdom of Spain)

17. The M/V “Virginia G” case (Panama v. Guinea-Bissau)

18. The “Ara Libertad” case (Argentina v. Ghana)

19. The “Arctic Sunrise” case (Netherlands v. Russian Federation)

Part III-B

ITLOS REFERENCE GUIDE: ADVISORY OPINIONS

20. Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect

to Activities in the Area

21. Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (SRFC)

Part IV

BASIC TEXTS

1. Statute of the International Tribunal for the Law of the Sea

2. Rules of the International Tribunal for the Law of the Sea

3. Amendments to the Rules of the International Tribunal for the Law of the Sea (15 March 2001)

4. Amendment to the Rules of the International Tribunal for the Law of the Sea (21 September 2001)

5. Amendments to the Rules of the International Tribunal for the Law of the Sea (17 March 2009)

6. Resolution on the Internal Judicial Practice of the Tribunal

7. Guidelines Concerning the Preparation and Presentation of Cases Before the Tribunal

8. Guidelines Concerning the Posting of a Bond or Other Financial Security with the Registrar