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The International Tribunal for the Law of the Sea

Law, Practice and Procedure

P. Chandrasekhara Rao and Philippe Gautier

This book provides a first-hand insight into the constitution, jurisdiction, procedure and judicial practice of the International Tribunal for the Law of the Sea. It provides a valuable guide to the jurisprudence of the Tribunal over the past 20 years, and serves as a reference point for practical information on how cases are received and handled by the Tribunal.
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Chapter 4: PROCEDURE

Law, Practice and Procedure

P. Chandrasekhara Rao and Philippe Gautier

Extract

Chapter 4 gives a detailed account of how a case is dealt with by the Tribunal or its chambers, both in contentious and advisory proceedings. After a presentation of the different texts applicable to procedural matters in section 1, section 2 examines the successive steps which are to be followed in the conduct of a case, from the pre-judicial phase until the voting on the decision, including the Tribunal's rules and practice relating to evidence. Incidental proceedings (provisional measures, preliminary proceedings, preliminary objections, counter-claims, intervention, discontinuance) are a regular feature in international litigation and they are the subject of section 3. Prompt release proceedings constitute self-contained procedures and are examined under section 4. Proceedings before special chambers (chamber of summary procedure, standing chambers and ad hoc chambers) are addressed in section 5, while section 6 focuses on contentious proceedings before the Seabed Disputes Chamber. Section 7 addresses questions relating to judgments and orders of the Tribunal (essential requirements, binding force and compliance, interpretation and revision). Section 8 is devoted to advisory proceedings before the Seabed Disputes Chamber and before the Tribunal. The issues of participation of NGOs and of costs are considered in section 9 and section 10, respectively.

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