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The International Tribunal for the law of the sea

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Chapter Summary

Dispute settlement is one of the most contentious issues in the formulation of the Convention and the provisions which are now included in Part XV of the Convention, entitled Settlement of Disputes, required heavy negotiation before the text was finally agreed. This chapter addresses the jurisdiction of the International Tribunal for the Law of the Sea (ITLOS). Choice of law is governed largely by the Convention. The chapter also addresses the jurisdiction of the Sea-Bed Disputes Chamber (SBDC). The SBDC, though now constituted, has not had any disputes referred to it or to a chamber of the SBDC. The Convention, meanwhile, has provisions which determine the jurisdiction of the SBDC. The SBDC would have a jurisdiction similar to the ITLOS itself mutatis mutandis, of course. Thus, for example, there would be the same incidental jurisdiction, save the jurisdiction in cases of prompt release.

Keywords: dispute settlement system; incidental jurisdiction; ITLOS; sea-bed disputes chamber (SBDC)



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