The significance of the International Tribunal for the Law of the Sea for the shipping industry

The International Tribunal for the Law of the Sea (ITLOS) was established by the 1982 United Nations Convention on the Law of the Sea as a body to settle disputes between States Parties to the Convention regarding the interpretation or application of the Convention s provisions, including provisions concerning the exercise of the powers of States over shipping and the discharge by states of their responsibilities and obligations in relation to ships.ITLOS is competent to deal with disputes in which a State is alleged to have wrongly interfered with or otherwise restrained the operation of a vessel when it is in a port of the State or within the territorial sea or exclusive economic zone of the State.In its previous judgments, ITLOS has provided clarifications of some important areas of the law of the sea concerning the operation and regulation of shipping by flag States and other states.ITLOS plays a key role in the regime of the Law of the Sea Convention relating to the prompt release of ships and their crews that are arrested or detained in a foreign port.ITLOS also has the possibility to serve as ajudicial organ for the settlement of disputes under other maritime agreements and contracts, if the parties to the agreements or contracts agree to confer jurisdiction on it.There are many advantages to be gained by States and shipping operators from using ITLOS as the body for the settlement of disputes under agreements. These advantages include savings in time and expenses.

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  • English

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Filing Info

  • Accession Number: 01609089
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 16 2016 9:16AM