Advisory Opinions and Jurisdiction of the International Tribunal for the Law of the Sea

Forthcoming in Harry N. Scheiber and Jin-Hyun Paik (eds.), Regions, Institutions and Law of the Sea (M. Nijhoff Publishers, 2013), pp. 57-72.

21 Pages Posted: 12 Jul 2012 Last revised: 26 Mar 2013

See all articles by Carlos Espósito

Carlos Espósito

University Autónoma of Madrid (UAM)

Date Written: March 23, 2011

Abstract

Following an introduction to the advisory jurisdiction of the Tribunal, this chapter discusses crucial aspects of the advisory function of the Seabed Disputes Chamber. It will of course consider the jurisdiction to give an advisory opinion and the issues of admissibility related to the opinion delivered by the Seabed Disputes Chamber on the Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the International Seabed Area. The discussion, however, will not touch upon the substantive legal questions asked to the Chamber in this occasion, but deal only with procedural issues. Moreover, it will attempt to go beyond this specific case to present a general analysis of the key issues of jurisdiction and admissibility, together with some questions of procedure, that should be taken into account in order to arrive to an authoritative advisory opinion of the Seabed Disputes Chamber and, eventually, of the International Tribunal for the Law of the Sea.

Keywords: International Tribunal for the Law of the Sea, ITLOS, seabed disputes chamber, advisory jurisdiction

Suggested Citation

Espósito, Carlos, Advisory Opinions and Jurisdiction of the International Tribunal for the Law of the Sea (March 23, 2011). Forthcoming in Harry N. Scheiber and Jin-Hyun Paik (eds.), Regions, Institutions and Law of the Sea (M. Nijhoff Publishers, 2013), pp. 57-72.. Available at SSRN: https://ssrn.com/abstract=2104156 or http://dx.doi.org/10.2139/ssrn.2104156

Carlos Espósito (Contact Author)

University Autónoma of Madrid (UAM) ( email )

Faculty of Law
Madrid, 28049
Spain

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