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The Global Community Yearbook of International Law and Jurisprudence 2014Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2015

Print ISBN-13: 9780190270513

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780190270513.001.0001

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Introductory Note

Introductory Note

The International Tribunal for the Law of the Sea in 2013

Chapter:
(p.328) Introductory Note (p.329)
Source:
The Global Community Yearbook of International Law and Jurisprudence 2014
Author(s):

Tullio Treves

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190270513.003.0016

During 2013 the International Tribunal for the Law of the Sea handed out a judgment on the merits concerning the M/V Louisa (Saint Vincent and the Grenadines v. Spain) case (28 May) deciding that the Tribunal lacked jurisdiction and containing important statements on jurisdiction and abuse of rights. Of particular interest are statements concerning the non-existence of a dispute as regards the alleged violations of Articles 73, 87, 225, 227 and 303 of UNCLOS, and those about the notion of a new claim presented during proceedings. On 22 November a Provisional Measures Order on the Arctic Sunrise (The Netherlands v. The Russian Federation) case was adopted. It contains statements on failure of a state to appear in a case and on the posting on bonds in a provisional measures case. Noteworthy is also the analysis of the peculiar declaration made by Russia under article 298 of UNCLOS, which the Tribunal considered such as not to exclude its jurisdiction.

Keywords:   abuse of rights, ITLOS, jurisdiction, posting of bonds, provisional measures

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