91
also rather small. Perhaps it is relevant that the more general and more political
discussions on oceans and the law of the sea mostly take place each year in the fall
at the General Assembly, in the context of the omnibus resolution. Much of the
focus of SPLOS is on issues relating to the governance of ITLOS, and its meetings
have been characterized as “not the most scintillating”.
35
Whatever the reasons are,
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. “Saevis tranquillus in undis.”
Acknowledgements I thank my former research assistant James Ransdell and Professors Philippe
Gautier, Liesbeth Lijnzaad and Alex Oude Elferink for their contributions to the travaux préparatoires of this chapter.
References
Alter KJ (2014) The new terrain of international law: courts, politics, rights. Princeton University
Press, Princeton
Blokker N (2018) The governance of international courts and tribunals – organizing and guaranteeing independence and accountability. In: Follesdal A, Ulfstein G (eds) The judicialization of
international law – a mixed blessing. Oxford University Press, Oxford, pp 26–42
Eiriksson G (2000) The International Tribunal for the Law of the Sea. Nijhoff, The Hague
Gautier P (2005) The International Tribunal for the Law of the Sea: activities in 2004. Chin J Int
Law 4:183–201
Gautier P (2013) The International Tribunal for the Law of the Sea: activities in 2012. Chin J Int
Law 12:613–633
Lijnzaad L (2014) Formal and informal processes in the contemporary law of the sea at the United
Nations, a practitioner’s view. Germ Yearb Int Law 57:111–142
Nordquist M (ed) (1989) United Nations Convention on the Law of the Sea 1982: a commentary,
vol V. Nijhoff, Dordrecht
Oude Elferink AG (2004) Reviewing the implementation of the LOS Convention: the role of the
United Nations General Assembly and the meeting of the states parties. In: Oude Elferink
AG, Rothwell DR (eds) Oceans management in the 21st century: institutional frameworks and
responses. Nijhoff, Leiden, pp 295–312
Rao PC, Gautier P (2018) The International Tribunal for the Law of the Sea – law, practice and
procedure. Edward Elgar, Cheltenham
Romano CPR, Alter KJ, Shany Y (eds) (2014) The Oxford handbook on international adjudication.
Oxford University Press, Oxford
Rosenne S (1998) International Tribunal for the Law of the Sea: 1996–97 survey. Int J Mar Coast
Law 13:487–514
Szasz PC (1999) The complexification of the United Nations system. Max Planck Yearb U N Law
3:1–57
35 Lijnzaad (2014), p. 114.
Governance of the International Tribunal of the Law of the Sea: The Role…
also rather small. Perhaps it is relevant that the more general and more political
discussions on oceans and the law of the sea mostly take place each year in the fall
at the General Assembly, in the context of the omnibus resolution. Much of the
focus of SPLOS is on issues relating to the governance of ITLOS, and its meetings
have been characterized as “not the most scintillating”.
35
Whatever the reasons are,
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. “Saevis tranquillus in undis.”
Acknowledgements I thank my former research assistant James Ransdell and Professors Philippe
Gautier, Liesbeth Lijnzaad and Alex Oude Elferink for their contributions to the travaux préparatoires of this chapter.
References
Alter KJ (2014) The new terrain of international law: courts, politics, rights. Princeton University
Press, Princeton
Blokker N (2018) The governance of international courts and tribunals – organizing and guaranteeing independence and accountability. In: Follesdal A, Ulfstein G (eds) The judicialization of
international law – a mixed blessing. Oxford University Press, Oxford, pp 26–42
Eiriksson G (2000) The International Tribunal for the Law of the Sea. Nijhoff, The Hague
Gautier P (2005) The International Tribunal for the Law of the Sea: activities in 2004. Chin J Int
Law 4:183–201
Gautier P (2013) The International Tribunal for the Law of the Sea: activities in 2012. Chin J Int
Law 12:613–633
Lijnzaad L (2014) Formal and informal processes in the contemporary law of the sea at the United
Nations, a practitioner’s view. Germ Yearb Int Law 57:111–142
Nordquist M (ed) (1989) United Nations Convention on the Law of the Sea 1982: a commentary,
vol V. Nijhoff, Dordrecht
Oude Elferink AG (2004) Reviewing the implementation of the LOS Convention: the role of the
United Nations General Assembly and the meeting of the states parties. In: Oude Elferink
AG, Rothwell DR (eds) Oceans management in the 21st century: institutional frameworks and
responses. Nijhoff, Leiden, pp 295–312
Rao PC, Gautier P (2018) The International Tribunal for the Law of the Sea – law, practice and
procedure. Edward Elgar, Cheltenham
Romano CPR, Alter KJ, Shany Y (eds) (2014) The Oxford handbook on international adjudication.
Oxford University Press, Oxford
Rosenne S (1998) International Tribunal for the Law of the Sea: 1996–97 survey. Int J Mar Coast
Law 13:487–514
Szasz PC (1999) The complexification of the United Nations system. Max Planck Yearb U N Law
3:1–57
35 Lijnzaad (2014), p. 114.
Governance of the International Tribunal of the Law of the Sea: The Role…