Ayer, 28 de mayo, el Tribunal Internacional para el Derecho del Mar dictó sentencia en el Asunto Luisa, oficialmente llamado The M/V «Louisa» Case (Saint Vincent and the Grenadines v. Kingdom of Spain). Tal y como defendía España, el Tribunal entendió que no tenía jurisdicción ‘ratione materiae’ ante las alegaciones de San Vicente y las Granadinas (Estado del pabellón del buque).
Aquí está la sentencia. Y aquí la nota de prensa con un resumen de la decisión.
Advisory Opinions and Jurisdiction of the International Tribunal for the Law of the Sea
marzo 26, 2013
En octubre de 2010 presenté esta ponencia en una excelente conferencia que organizaron Harry Scheiber y Jin-Huyn Paik y el Institute for the Law of Sea en la sede del Tribunal Internacional para el Derecho del Mar. Pronto saldrá publicada, con los pocos cambios que hice a principios de 2011, en Harry N. Scheiber and Jin-Hyun Paik (eds.), Regions, Institutions and Law of the Sea (2013). Aquí les dejo el vínculo de SSRN donde pueden descargar el texto de marzo de 2011, al menos hasta que el libro esté en las librerías. Este es el abstract:
Following an introduction to the advisory jurisdiction of the Tribunal, this chapter discusses crucial aspects of the advisory function of the Seabed Disputes Chamber. It will of course consider the jurisdiction to give an advisory opinion and the issues of admissibility related to the opinion delivered by the Seabed Disputes Chamber on the Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the International Seabed Area. The discussion, however, will not touch upon the substantive legal questions asked to the Chamber in this occasion, but deal only with procedural issues. Moreover, it will attempt to go beyond this specific case to present a general analysis of the key issues of jurisdiction and admissibility, together with some questions of procedure, that should be taken into account in order to arrive to an authoritative advisory opinion of the Seabed Disputes Chamber and, eventually, of the International Tribunal for the Law of the Sea.
Capacity-Building and Training Programme on Dispute Settlement under the United Nations Convention on the Law of the Sea
The programme
The International Tribunal for the Law of the Sea is pleased to announce the capacity-building and training programme on dispute settlement under the United Nations Convention on the Law of the Sea (“the Convention”) for 2012-2013, which is organized with the support of the Nippon Foundation.
Established in 2007, the programme has been developed to offer junior to mid-level government officials and researchers working in the field of the law of the sea or dispute settlement in-depth knowledge of the dispute-settlement mechanisms available to States under Part XV of the Convention.
The programme will be offered to up to eight (8) participants. It will run from 6 July 2012 to 31 March 2013. Lectures, case studies and training in negotiation, mediation and delimitation of maritime areas will enable participants to acquire a deeper understanding of the disputesettlement mechanisms under the Convention. Study visits will be made to organizations dealing with law of the sea matters. Lectures will also be given on current issues of the law of the sea (fisheries, environment, climate change, delimitation).
Selection criteria
1. Applicants should be between the ages of 25 and 40
2. Applicants should have a university degree in law and demonstrate a capacity to undertake independent scientific research, study and training.
3. Applicants may be:
– junior to mid-level government officials from an administration or government agency, dealing
with ocean affairs or sea-related matters as well as legal issues relating thereto; or
– researchers from an institute (academic or government) dealing with ocean- or sea-related
matters as well as legal issues relating thereto.
4. Applicants should indicate the research topic which they intend to pursue in the course of the programme. The research topic should address legal issues of relevance to the State concerned regarding the implementation of the Convention, in particular Part XV thereof.
5. The administration or institute nominating the applicant should indicate on the nomination form the tasks performed by the applicant and explain the extent to which the training programme will benefit the institution/State concerned.
6. Applicants should have an excellent knowledge of one of the official languages of the Tribunal (English and French) and a working knowledge of the other language.
7. Short-listed candidates may be interviewed by telephone or video-conference.
Costs
Participants’ costs, including travel, accommodation, medical insurance and a monthly
subsistence allowance, will be covered by the Nippon Foundation.
How to apply
Applicants should complete the personal history profile and research proposal form and forward it to the nominating authority, together with the nomination form. The nominating authority should complete the nomination form. In the case of young government officials, the nominating authority should be a relevant government ministry. For researchers, the nominating authority may be the institute or academic department of the university to which they are affiliated.
The nominating authority should send the completed personal history profile and research proposal form together with the nomination form in a sealed envelope to:
Office of the Registrar
International Tribunal for the Law of the Sea
Am Internationalen Seegerichtshof 1
22609 Hamburg
Germany
Application deadlineThe application deadline is 8 May 2012. Applications may be sent by fax (+49 40 35607 245) or by email but the originals, postmarked 8 May 2012 or earlier, must be sent to the Registry. Applications received after the deadline will not be considered.
aquiescencia 