International Tribunal for the Law of the Sea (ITLOS) 

International Tribunal for the Law of the Sea (ITLOS) 

This article covers “Daily Current Affairs” and the topic details “International Tribunal for the Law of the Sea (ITLOS)”. This topic has relevance in the “International Relations” section of the UPSC CSE exam.

For Prelims:

What is the International Tribunal for the Law of the Sea (ITLOS)? 

For Mains:

GS2:  International Relations

Why in the news?

A landmark case will be heard by the International Tribunal for the Law of the Sea (ITLOS), with nine small island states seeking protection for the world’s oceans from the devastating effects of climate change. 

 

International Tribunal for the Law of the Sea (ITLOS):

  • Establishment
    • ITLOS is an independent judicial institution established through the 1982 United Nations Convention on the Law of the Sea (UNCLOS).  
    • The Tribunal is headquartered in the city of Hamburg, Germany.
    • The tribunal’s official languages are English and French.
  • Composition
    • The Tribunal comprises 21 independent members elected through a secret ballot by the States Parties to the UNCLOS. 
    • Each State Party can nominate up to two candidates for membership.
  • Jurisdiction
    • ITLOS holds jurisdiction over any disputes related to the interpretation or application of the UNCLOS. 
    • Additionally, it has authority over matters specified in other agreements that grant jurisdiction to the Tribunal. 
    • Disputes falling within the scope of the Convention can include issues such as 
      • demarcation of maritime zones and navigation
      • the conservation and management of marine resources
      • marine environment conservation and protection
      • marine scientific research
  • Eligibility
    • ITLOS is accessible to States Parties to the UNCLOS, which encompasses both states and international organisations that are signatories to the Convention. 
    • Furthermore, it is open to entities beyond States Parties, including states or intergovernmental organisations that have not ratified the Convention, as well as state-owned enterprises and private entities.

 

More about the News: 

  • The nine small island states have turned to the International Tribunal for the Law of the Sea (ITLOS) to determine whether carbon dioxide emissions absorbed by the oceans can be classified as pollution and, if so, what obligations countries have to prevent it. 
  • Ocean ecosystems, responsible for generating half of the world’s oxygen and mitigating global warming by absorbing carbon emissions, are under threat due to rising emissions causing warming and acidification of seawater, which harms marine life. 
  • The countries argue that the United Nations Convention on the Law of the Sea (UNCLOS) binds nations to prevent ocean pollution. Still, it does not explicitly classify carbon emissions as pollutants, which the plaintiffs contend should be.

 

Sources: Small islands take ocean protection case to UN court – The Hindu

Download plutus ias current affairs eng med 14th Sep 2023

 

Q1. With reference to the International Tribunal for the Law of the Sea (ITLOS), consider the following statements:

  1. ITLOS has jurisdiction over disputes about interpreting the United Nations Convention on the Law of the Sea (UNCLOS).
  2. ITLOS can hear cases related to marine scientific research.
  3. Access to ITLOS is limited to States Parties to UNCLOS and excludes state-owned enterprises and private entities.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) None

 

Q2. How is the membership of the International Tribunal for the Law of the Sea (ITLOS) determined? 

(a) By appointment by the United Nations Secretary-General 

(b) By election through a secret ballot by States Parties to the UNCLOS 

(c) By invitation from the United Nations General Assembly 

(d) By nomination from non-governmental organizations (NGOs)

Q3. Discuss the significance of the International Tribunal for the Law of the Sea in addressing the impacts of climate change on the world’s oceans. 

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