The International Tribunal for the Law of the Sea


The International Tribunal for the Law of the Sea

Law, Practice and Procedure

9781786433008 Edward Elgar Publishing
The late P. Chandrasekhara Rao, formerly Judge and President, International Tribunal for the Law of the Sea, Germany and Philippe Gautier, International Court of Justice, the Netherlands
Publication Date: 2018 ISBN: 978 1 78643 300 8 Extent: 392 pp
This book provides a first-hand insight into the constitution, jurisdiction, procedure and judicial practice of the International Tribunal for the Law of the Sea. It provides a valuable guide to the jurisprudence of the Tribunal over the past 20 years, and serves as a reference point for practical information on how cases are received and handled by the Tribunal.

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This authoritative guide to the International Tribunal for the Law of the Sea provides a timely assessment of its activities over the past two decades. P. Chandrasekhara Rao and Philippe Gautier’s comprehensive book delivers a detailed and extensive analysis of the Tribunal’s jurisdiction, the procedural rules governing cases before it and its contribution to the development of the law of the sea.

Through a thorough examination of the Tribunal’s judicial practice, as well as referencing primary sources such as treaties and statutes, the authors demonstrate that the Tribunal has fulfilled the role entrusted to it by the United Nations Convention on the Law of the Sea. Utilising a practice-orientated approach, this methodical analysis reveals that the Tribunal has successfully developed its own working methods in handling cases, whilst establishing itself as a judicial institution with the ability to discharge its functions efficiently and cost-effectively, and most importantly, determines that its jurisprudence has contributed to the development of a coherent and progressive interpretation of the law of the sea.

Perceptive and meticulous, this book will be an invaluable resource for legal practitioners, as well as for academics, students and researchers interested in the functioning and achievements of the Tribunal.

Critical Acclaim
‘The book is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. They will find the book accessible and easy to navigate. They will also profit from quick access to the relevant case-law for each of the covered issues. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’
– Valentin J Schatz, German Yearbook of International Law

‘The book will prove a valuable tool for academics, practitioners and students with an interest in law of the sea or international dispute settlement. Moreover, with new developments in law of the sea we may see an even greater role played by the Tribunal in disputes relating to that agreement, and this book will prove an invaluable asset.’
– Mitchell Lennan, Review of European, Comparative and International Environmental Law

‘This book provides a clear, reliable, perceptive, and eminently practical account of the law and practice of the Hamburg Tribunal. It is essential reading for all those involved in the law of the sea and international dispute settlement. The two highly qualified authors (former President and current Registrar) have written what will surely become the first point of reference on the Tribunal, for practitioners and academics alike.’
– Sir Michael Wood, Member of the UN International Law Commission

‘This book will be an indispensable reference for judges, lawyers, and scholars interested in the settlement of international disputes regarding the law of the sea. “Present at the creation” of ITLOS, the authors discreetly but generously share with us invaluable insights acquired during their two decades of service to the Tribunal, one as Judge (and President) and the other as Registrar. Text and practice are elegantly interwoven in a coherent explication of the Tribunal’s procedure.’
– Bernard H. Oxman, University of Miami, School of Law, US

‘Written by a former Judge and President of the International Tribunal for the Law of the Sea and by its Registrar, this is certainly the most authoritative treatise on the Tribunal. It combines the insider's view of two protagonists of the activities of the Tribunal for more than twenty years with a first-rate scholarly approach. The book is a well-structured, tightly written, highly informed and informative treatise on a Tribunal that since its establishment in 1996 has found a relevant place in the map of permanent international adjudicating bodies. Procedural and institutional aspects as well as the contribution made by the Tribunal's case-law are presented in detail and in concise language. I have no doubt that this treatise will become a necessary tool for scholars and practitioners.’
– Tullio Treves, Università degli Studi di Milano, Italy
Contents: 1. Introduction 2. Institutional Overview 3. Jurisdiction 4. Procedure 5. Contribution to the Development of International Law 6. An Assessment Bibliography Index
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