Reflections on the Advisory Jurisdiction of itlos as a Full Court: The itlos Advisory Opinion of 2015

6 Citations (Scopus)

Abstract

In its advisory opinion of 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) broke new ground in the ITLOS jurisprudence, by stating that the full Tribunal has an advisory jurisdiction. However, the legal basis of the advisory jurisdiction of ITLOS as a full court is not free from controversy. An issue also arises with regard to the admissibility of the request for an advisory opinion. Given that the ITLOS jurisprudence concerning advisory proceedings is still in its early stages, the advisory jurisdiction of ITLOS as a full court deserves serious consideration. Thus, this contribution will seek to examine the legal basis of the advisory jurisdiction of ITLOS as a full court and the admissibility of the request for an advisory opinion by focusing on the 2015 ITLOS advisory opinion.

Original languageEnglish
JournalThe Law and Practice of International Courts and Tribunals
Volume14
Issue number2
Pages (from-to)318-339
Number of pages22
ISSN1569-1853
DOIs
Publication statusPublished - 24 Aug 2015

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