The Exercise of Administrative Functions by ITLOS: A Comment on Prompt Release Case Law
International Courts and the Development of International Law - Essays in Honour of Tullio Treves, edited by N. Boschiero et al., T.M.C. Asser Press, 2013, pp. 309-321
12 Pages Posted: 19 Feb 2013
Date Written: May 21, 2012
International Tribunal for the Law of the Sea (ITLOS) has a residual compulsory jurisdiction in cases of prompt release of vessels. This procedure is one of the novelties introduced by UNCLOS and is unique in the international judiciary universe because of both its procedural characteristics and its functions. This paper analyses the prompt release case law of ITLOS in order to sketch the nature of the functions exercised by the Tribunal in this very peculiar procedure. It suggests the administrative nature of ITLOS’ functions in this specific context.
Keywords: International Tribunal for the Law of the Sea, prompt release, administrative functions, margin of appreciation
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