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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016$
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Giuliana Ziccardi Capaldo

Print publication date: 2017

Print ISBN-13: 9780190848194

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190848194.001.0001

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Introductory Note

Introductory Note

The Jurisprudence of the International Tribunal for the Law of the Sea in 2015

Chapter:
(p.313) II.1 Introductory Note
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016
Author(s):

Tullio Treves

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190848194.003.0017

ITLOS has handed out in 2015 two provisional measures orders and an advisory opinion. The Provisional Measures Order of 25 April 2015, in the maritime delimitation case between Ghana and Cote d’Ivoire, was adopted by an ad hoc Chamber of the Tribunal. It accepts for the first time in ITLOS jurisprudence the “plausibility” test for the merits submission as a prerequisite of a provisional measures order In the Provisional Measures Order of 24 August 2015 on the Enrica Lexie incident between Italy and India, the provisional measure prescribed consists in that both parties suspend or refrain from initiating proceedings which might aggravate the dispute submitted to the Annex VII Arbitral Tribunal. The Advisory Opinion of 2 April 2015, upon the request of a West African fisheries commission, rejects the view that ITLOS in its full formation lacks advisory jurisdiction. It throws light on the obligations of the flag state of vessels fishing in the exclusive economic zone of another state and on the role of the European Union.

Keywords:   drilling, fishing in the EEZ, ITLOS advisory opinions, ITLOS jurisdiction, obligations of flag states, plausibility test, preservation of rights of both parties, restrictions to liberty, role of the European Union

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