81
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_5
Governance of the International Tribunal
of the Law of the Sea: The Role
of the Meeting of States Parties to the Law
of the Sea Convention
Niels M. Blokker
Abstract Many new international courts and tribunals have been created since the
1990s. Their role and practice has been analyzed in many books and articles.
Significantly less research has been done into the role and practice of the governance institutions of these international courts and tribunals (international judicial
governance institutions, or INJUGOVINS). Their functioning is of fundamental
importance for these courts and tribunals. This contribution discusses the role of the
INJUGOVIN of the International Tribunal for the Law of the Sea (ITLOS): the
Meeting of States Parties to the Law of the Sea Convention (‘SPLOS’). It is SPLOS
that carries out the main governance functions for ITLOS. In particular, SPLOS
elects the judges of ITLOS and adopts its budget. While the relationship between
international courts or tribunals and their INJUGOVINS is often troublesome, this
is generally different for the relationship between ITLOS and SPLOS. Since its
beginning in 1994 SPLOS has developed from hardly anything, the very thin basis
contained in UNCLOS, into a generally well-functioning governance institution (if
compared to other INJUGOVINS). Meeting a few days each year and having established its own practice with the support of the UN Secretariat, it has taken the governance decisions that have enabled ITLOS to play its important role in the
interpretation and application of UNCLOS, in the development of the law of the sea,
and in settling disputes peacefully.
1 Introduction
This contribution discusses governance of the International Tribunal for the Law of
the Sea (ITLOS). In performing its functions, ITLOS interprets and applies the relevant law of the sea. This is an important responsibility and a significant new development. For centuries it was essentially up to states to develop and apply the law of
N. M. Blokker (*)
Leiden University, Grotius Centre for International Legal Studies, Leiden, The Netherlands
e-mail: n.m.blokker@law.leidenuniv.nl
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_5
Governance of the International Tribunal
of the Law of the Sea: The Role
of the Meeting of States Parties to the Law
of the Sea Convention
Niels M. Blokker
Abstract Many new international courts and tribunals have been created since the
1990s. Their role and practice has been analyzed in many books and articles.
Significantly less research has been done into the role and practice of the governance institutions of these international courts and tribunals (international judicial
governance institutions, or INJUGOVINS). Their functioning is of fundamental
importance for these courts and tribunals. This contribution discusses the role of the
INJUGOVIN of the International Tribunal for the Law of the Sea (ITLOS): the
Meeting of States Parties to the Law of the Sea Convention (‘SPLOS’). It is SPLOS
that carries out the main governance functions for ITLOS. In particular, SPLOS
elects the judges of ITLOS and adopts its budget. While the relationship between
international courts or tribunals and their INJUGOVINS is often troublesome, this
is generally different for the relationship between ITLOS and SPLOS. Since its
beginning in 1994 SPLOS has developed from hardly anything, the very thin basis
contained in UNCLOS, into a generally well-functioning governance institution (if
compared to other INJUGOVINS). Meeting a few days each year and having established its own practice with the support of the UN Secretariat, it has taken the governance decisions that have enabled ITLOS to play its important role in the
interpretation and application of UNCLOS, in the development of the law of the sea,
and in settling disputes peacefully.
1 Introduction
This contribution discusses governance of the International Tribunal for the Law of
the Sea (ITLOS). In performing its functions, ITLOS interprets and applies the relevant law of the sea. This is an important responsibility and a significant new development. For centuries it was essentially up to states to develop and apply the law of
N. M. Blokker (*)
Leiden University, Grotius Centre for International Legal Studies, Leiden, The Netherlands
e-mail: n.m.blokker@law.leidenuniv.nl