International Tribunal for the Law of the Sea

Page 1 of 6

Filter category

Feature post image

EJIL:The Podcast! Episode 18 – “Be Careful What You Ask For”

February 28, 2023

In this episode Dapo Akande, Marko Milanovic and Philippa Webb are joined by Philippe Sands (University College London and 11KBW) and Margaretha Wewerinke-Singh (University of Amsterdam and University of the South Pacific). The focus is on the advisory function of international courts and tribunals. In December 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested an advisory opinion from the International Tribunal for the Law of the Sea on climate change impacts arising from ocean warming, sea level rise and ocean acidification. On 9 January 2023, Chile and Colombia signed a joint advisory opinion request to the Inter-American Court of Human Rights on the scope of state obligations for responding to the climate emergency. On 20 January 2023, the General Assembly adopted a resolution requesting an advisory opinion from the ICJ on “Israeli practices affecting the human rights of the Palestinian people on the Occupied Palestinian Territory, including East Jerusalem”. On 20 February 2023,  a core group of states, led by…

Read more

The Competence of the International Tribunal for the Law of the Sea in its New Advisory Proceedings on Climate Change

December 16, 2022

On the sidelines of last year’s COP26, Antigua and Barbuda and Tuvalu concluded the Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (‘the Agreement’ establishing ‘the Commission’). The Agreement is open to signature by all 39 members of the Alliance of Small Island States, and currently also includes…

Read more

Beyond COP26: Time for an Advisory Opinion on Climate Change?

December 17, 2021

The recent Glasgow Climate Change Conference (COP26) provided a stark reminder of the gap between states’ planned greenhouse emission reductions and the global temperature goal enshrined in the Paris Agreement. The conference also dramatically showcased once more the plight of vulnerable nations faced with the devastating impacts of rising sea levels and extreme weather events.

Read more

Unpacking Sovereignty and Self-determination in ITLOS and the ICC: A Bundle of Rights?

March 4, 2021

In a short space of time, two international courts have handed down rather dramatic decisions related to the contested issues of self-determination and sovereignty of the Chagos Archipelago and Palestine, which have, for a very long time now, been under the UK and Israeli occupation respectively. On 28 January 2021, an ITLOS Special Chamber found…

Read more

Rocks in the Law of the Sea: Some comments on the South China Sea Arbitration Award

February 25, 2021

Article 121(2) of the United Nations Convention on the Law of the Sea (the Convention) stipulates that “the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.” According to the International Court of Justice, this rule has…

Read more