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conformity with its Art. 287. Other significant international treaties, such as the
1995 Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea Relating the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks, also give some room for
the compulsory jurisdiction of ITLOS.
As regards its advisory jurisdiction, and strictly following the wording of
UNCLOS, this is only recognized in these words to the Seabed Disputed Chamber
(SDC) of ITLOS and only for questions concerning the Area (Art. 14 of ITLOS
Statute in connection with Articles 159(10) and 191 UNCLOS). No express mention is done, neither in the body of UNCLOS nor in its Annex VI (the said Statute
of the Hamburg Tribunal) in respect to any advisory jurisdiction conferred upon the
Tribunal full court. In particular, according to these provisions:
Article 14 Statute of ITLOS
Seabed Disputes Chamber
A Seabed Disputes Chamber shall be established in accordance with the
provisions of section 4 of this Annex. Its jurisdiction, powers and functions shall
be as provided for in Part XI, section 5.
Article 159 UNCLOS
Composition, procedure and voting [of the Assembly of the International Seabed
Authority]
10. Upon a written request addressed to the President and sponsored by at least
one fourth of the members of the Authority for an advisory opinion on the
conformity with this Convention of a proposal before the Assembly on any
matter, the Assembly shall request the Seabed Disputes Chamber of the
International Tribunal for the Law of the Sea to give an advisory opinion thereon
and shall defer voting on that proposal pending receipt of the advisory opinion
by the Chamber. If the advisory opinion is not received before the final week of
the session in which it is requested, the Assembly shall decide when it will meet
to vote upon the deferred proposal.
Article 191 UNCLOS
Advisory opinions
The Seabed Disputes Chamber shall give advisory opinions at the request of the
Assembly or the Council on legal questions arising within the scope of their
activities. Such opinions shall be given as a matter of urgency.
Despite this absence in UNCLOS and in its Statute, ITLOS, by means of its
Rules, included an express mention to its general advisory jurisdiction, that is, a
general advisory jurisdiction not constrained only to seabed matters and to be
exercised by its plenary according to such regulation (Art. 138 of ITLOS Rules).
The text of this article reads as follows:
M. G. García-Revillo
conformity with its Art. 287. Other significant international treaties, such as the
1995 Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea Relating the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks, also give some room for
the compulsory jurisdiction of ITLOS.
As regards its advisory jurisdiction, and strictly following the wording of
UNCLOS, this is only recognized in these words to the Seabed Disputed Chamber
(SDC) of ITLOS and only for questions concerning the Area (Art. 14 of ITLOS
Statute in connection with Articles 159(10) and 191 UNCLOS). No express mention is done, neither in the body of UNCLOS nor in its Annex VI (the said Statute
of the Hamburg Tribunal) in respect to any advisory jurisdiction conferred upon the
Tribunal full court. In particular, according to these provisions:
Article 14 Statute of ITLOS
Seabed Disputes Chamber
A Seabed Disputes Chamber shall be established in accordance with the
provisions of section 4 of this Annex. Its jurisdiction, powers and functions shall
be as provided for in Part XI, section 5.
Article 159 UNCLOS
Composition, procedure and voting [of the Assembly of the International Seabed
Authority]
10. Upon a written request addressed to the President and sponsored by at least
one fourth of the members of the Authority for an advisory opinion on the
conformity with this Convention of a proposal before the Assembly on any
matter, the Assembly shall request the Seabed Disputes Chamber of the
International Tribunal for the Law of the Sea to give an advisory opinion thereon
and shall defer voting on that proposal pending receipt of the advisory opinion
by the Chamber. If the advisory opinion is not received before the final week of
the session in which it is requested, the Assembly shall decide when it will meet
to vote upon the deferred proposal.
Article 191 UNCLOS
Advisory opinions
The Seabed Disputes Chamber shall give advisory opinions at the request of the
Assembly or the Council on legal questions arising within the scope of their
activities. Such opinions shall be given as a matter of urgency.
Despite this absence in UNCLOS and in its Statute, ITLOS, by means of its
Rules, included an express mention to its general advisory jurisdiction, that is, a
general advisory jurisdiction not constrained only to seabed matters and to be
exercised by its plenary according to such regulation (Art. 138 of ITLOS Rules).
The text of this article reads as follows:
M. G. García-Revillo