ABSTRACT
ITLOS began its work on 1 October 1996. It has two basic interrelated functions: first, it settles disputes concerning interpretation and application of the Convention; and second, in so doing, it clarifies and develops international law.
Over the past 25 years, 30 cases have been submitted to ITLOS. The subjects of those cases are wide-ranging, from arrest and detention of ships and crew to maritime boundary delimitation and from immunity of warships to the obligation of states with respect to activities in the maritime area beyond national jurisdiction. In recent years, the Tribunal has received more cases on the merits and requests of an advisory opinion. That it is probably because over the time of its operation, the Tribunal has built up its recognition, reputation and credibility as an efficient international judicial forum.
In fulfilling its second function, the Tribunal concerns not only the interpretation and application of the Convention but also the clarification and development of international law. For example, in the M/V “Virginia G” case in 2014, the Tribunal concluded that regulations by coastal states for the bunkering of foreign vessels fishing in its exclusive economic zone are among the measures which the coastal state may take in its EEZ to conserve and manage its living resources under the Convention. The Tribunal was also the first international institution, which in the Bay of Bengal case in 2016, was dealing with delimitation of the continental shelf beyond 200 nautical miles. The Tribunal found that it is “difficult to accept that natural prolongation … constitutes separate and independent criterion a coastal state must satisfy in order to be entitled to a continental shelf beyond 200 nautical miles”.
By executing its functions, the Tribunal has consolidated its position and has contributed a lot to enhancing the rule of law in the seas.
