International Tribunal for the Law of the Sea

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Two Weeks in Review: 10—21 August 2026

August 23, 2026

As we swelter through late summer, a hardy few have retained a cool hold over their critical faculties. In the last two weeks, attention has turned chiefly to the ICC: from the in absentia convictions of members of the Rapid Support Forces, to the removal of ICC Prosecutor Karim Khan, and a decision recognising that a State Party may face conflicting obligations when asked to arrest a person attending UN-convened peace talks. The deep seabed has also remained in focus, with reflections on the International Seabed Authority’s supervisory powers under Part XI UNCLOS, as well as the vulnerability of submarine cables under existing international legal protections. Meanwhile recent trends in climate litigation seem to be shifting away from individual harm towards structural injunctions, increasingly vesting initiative and authority with NGOs. And the recent crisis in Ceuta raises foundational questions about the existence of an international duty on states to control borders. Not to mention the nuclear order under threat on the EJIL Podcast, and the unwritten rulebook for the succession of judges at the ICJ.

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Institutional Discretion, Due Process and the Common Heritage of Humankind: The First Provisional Measures Orders in NORI and TOML v. the Authority

August 20, 2026

The first contentious proceedings ever brought before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (the Chamber) concern far more than a procedural dispute between two contractors and the International Seabed Authority (the Authority). They represent the first judicial examination of the legal limits of the Authority’s discretion when exercising the supervisory…

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One Step Forward, Two Steps Obscure: Jurisdiction over External Rules in M/T Heroic Idun (No.2)

June 18, 2026

On 27 May 2026, the ITLOS Special Chamber rendered its judgment in M/T Heroic Idun (No. 2). Brought by the Marshall Islands against Equatorial Guinea, the case concerns the lawfulness of the latter’s arrest and detention of the vessel and its crew. At first glance, the case appears to fall squarely under UNCLOS, as it revolves around…

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Pre-Exploitation Litigation: Cases No. 34 and 35 and the Timing of Deep-Sea Mining Governance

June 12, 2026

On 5 June 2026, the International Tribunal for the Law of the Sea (ITLOS) announced two new proceedings before its Seabed Disputes Chamber (SDC). Nauru Ocean Resources Inc. (NORI) and Tonga Offshore Mining Ltd. (TOML) each instituted proceedings against the International Seabed Authority (ISA) and requested provisional measures. The cases have been entered as Case…

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Case Concerning an Inquiry by the International Seabed Authority: Less a Defence of Due Process than an Attempt to Short-circuit It?

June 11, 2026

On 30 May 2026, two deep seabed mining exploration contractors—NORI and TOML (“the contractors”), both subsidiaries of Canada-based The Metals Company (TMC)—lodged an application and a request for provisional measures with the Seabed Disputes Chamber (SDC). The claims allege that the International Seabed Authority (ISA) violated international obligations relating to due process, transparency, and non-discrimination in the conduct…

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