Virginia Merino Carretero

TEST INTERNATIONAL TRIBUNALS

UNIT 2

1.Any NGO may institute proceedings before the ITLOS if it is party to the

UNCLOS.

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- ONGS are getting more power, but they are still not proper subjects of the traditional
perspective of International Relations.

2.Besides the experts the parties may request the tribunal to be called, the

tribunal itself can also select one expert who will take part in the deliberations.

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- at least 2 experts

- diff. btw the experts brought by the parties and the experts held in the tribunal

- so 21 plus at least 2

3.Annex VII Arbitration will apply only if the parties to a conflict have chosen a

different procedure to resolve the dispute.

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- it is true but

- they can choose but not all ITLOS members have chosen this option

- if the parties have chosen different mechanism, then ARBITRATION

- but ARBITRATION also applies in other cases.

-2 scenarios: 1-when 2 parties chose different. ( Unless they agree at that time whatever, such
as arbitration, ITLOS, ICJ). 2- a declaration which is not enforced made by government (they
can be renewed, or be made for certain years), if this is the case for State A that submitted a
declaration choosing ICJ, and then imagine and state B makes a declaration that is still
enforced. But since state A declaration is not now enforced, it will be subject to ARBITRATION.
If you chose something but it is not enforced, it is like if you chose arbitration.

-SO… 3 scenarios:

1. two states that have made the election previously but one decided ICJ and the other ITLOS.
So here the conflict will go through arbitration. Unless they agree to go to one of the options .

2. none of the parties have chosen anything. They can choose at that moment and that
agreement will prevail, the dispute is very hard, if they do not agree, since none of then have
chosen anything and they neither have been able to decide anything

3. a declaration which is not enforced made by government (they can be renewed, or be made
for certain years), if this is the case for State A that submitted a declaration choosing ICJ, and
then imagine and state B makes a declaration that is still enforced. But since state A
declaration is not now enforced, it will be subject to ARBITRATION. If you chose something but
it is not enforced, it is like if you chose arbitration

4.The 21 judges of the ITLOS can work in more than one chamber.

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- obviously, 11 judges of X, 5 of other (that are in the most important chambers)

5.It is mandatory to submit the dispute to conciliation, and if that 1st peaceful

attempt fails, the parties are obligated to resort to the compulsory dispute

settlement procedure.

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- false because it is not mandatory, but just one of the options

6. Any party that seeks provisional measures should request the adoption of such

a measure to the Chamber of Summary Procedure.

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- only those parties to the UNCLOS or those parties to the international agreement that
UNCLOS is going to the review.

7.Any State whatsoever with interest of legal nature can apply for permission to

intervene in a case.

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8.Any State party to the Convention, or any State or entity party of the

international agreement concerned, can request copies of the pleadings already

filed by the parties of the dispute before the ITLOS.

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- they all can because they may be interested in submitting an application to intervene

9.The Tribunal can require further production of the evidence already produced

by the parties.

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10.The advisory opinion requested to the ITLOS is given by the Seabed Disputes

Chamber.

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