1. The term of office of Members elected at a triennial election shall begin to run from 1 October following the date of the election.
2. The term of office of a Member elected to replace a Member whose term of office has not expired shall run from the date of the election for the remainder of that term.
The Members, in the exercise of their functions, are of equal status, irrespective of age, priority of election or length of service.
1. The Members shall, except as provided in paragraphs 3 and 4, take precedence according to the date on which their respective terms of office began.
2. Members whose terms of office began on the same date shall take precedence in relation to one another according to seniority of age.
3. A Member who is re-elected to a new term of office which is continuous with his previous term shall retain his precedence.
4. The President and the Vice-President of the Tribunal, while holding these offices, shall take precedence before the other Members.
5. The Member who, in accordance with the foregoing paragraphs, takes precedence next after the President and the Vice-President of the Tribunal is in these Rules designated the "Senior Member". If that Member is unable to act, the Member who is next after him in precedence and able to act is considered as Senior Member.
1. The solemn declaration to be made by every Member in accordance with article 11 of the Statute shall be as follows:
"I solemnly declare that I will perform my duties and exercise my powers as judge honourably, faithfully, impartially and conscientiously".
2. This declaration shall be made at the first public sitting at which the Member is present. Such sitting shall be held as soon as practicable after his term of office begins and, if necessary, a special sitting shall be held for the purpose.
3. A Member who is re-elected shall make a new declaration only if his new term is not continuous with his previous one.
1. In the case of the resignation of a Member, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of the letter.
2. In the case of the resignation of the President of the Tribunal, the letter of resignation shall be addressed to the Vice-President of the Tribunal or, failing him, the Senior Member. The place becomes vacant on the receipt of the letter.
In any case in which the application of article 9 of the Statute is under consideration, the Member concerned shall be so informed by the President of the Tribunal or, if the circumstances so require, by the Vice-President of the Tribunal, in a written statement which shall include the grounds therefor and any relevant evidence. He shall subsequently, at a private meeting of the Tribunal specially convened for the purpose, be afforded an opportunity of making a statement, of furnishing any information or explanations he wishes to give and of supplying answers, orally or in writing, to any questions put to him. The Member concerned may be assisted or represented by counsel or any other person of his choice. At a further private meeting, at which the Member concerned shall not be present, the matter shall be discussed; each Member shall state his opinion, and if requested a vote shall be taken.
1. Judges ad hoc shall participate in the case in which they sit on terms of complete equality with the other judges.
2. Judges ad hoc shall take precedence after the Members and in order of seniority of age.
3. In the case of the resignation of a judge ad hoc, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of the letter.
1. The solemn declaration to be made by every judge ad hoc in accordance with articles 11 and 17, paragraph 6, of the Statute shall be as set out in article 5, paragraph 1, of these Rules.
2. This declaration shall be made at a public sitting in the case in which the judge ad hoc is participating.
3. Judges ad hoc shall make the declaration in relation to each case in which they are participating.
1. The term of office of the President and that of the Vice-President of the Tribunal shall begin to run from the date on which the term of office of the Members elected at a triennial election begins.
2. The elections of the President and the Vice-President of the Tribunal shall be held on that date or shortly thereafter. The former President, if still a Member, shall continue to exercise the functions of President of the Tribunal until the election to this position has taken place.
1. If, on the date of the election to the presidency, the former President of the Tribunal is still a Member, he shall conduct the election. If he has ceased to be a Member, or is unable to act, the election shall be conducted by the Member exercising the functions of the presidency.
2. The election shall take place by secret ballot, after the presiding Member has declared the number of affirmative votes necessary for election; there shall be no nominations. The Member obtaining the votes of the majority of the Members composing the Tribunal at the time of the election shall be declared elected and shall enter forthwith upon his functions.
3. The new President of the Tribunal shall conduct the election of the Vice-President of the Tribunal either at the same or at the following meeting. Paragraph 2 applies to this election.
1. The President of the Tribunal shall preside at all meetings of the Tribunal. He shall direct the work and supervise the administration of the Tribunal.
2. He shall represent the Tribunal in its relations with States and other entities.
1. In the event of a vacancy in the presidency or of the inability of the President of the Tribunal to exercise the functions of the presidency, these shall be exercised by the Vice-President of the Tribunal or, failing him, by the Senior Member.
2. When the President of the Tribunal is precluded by a provision of the Statute or of these Rules either from sitting or from presiding in a particular case, he shall continue to exercise the functions of the presidency for all purposes save in respect of that case.
3. The President of the Tribunal shall take the measures necessary in order to ensure the continuous exercise of the functions of the presidency at the seat of the Tribunal. In the event of his absence, he may, so far as is compatible with the Statute and these Rules, arrange for these functions to be exercised by the Vice-President of the Tribunal or, failing him, by the Senior Member.
4. If the President of the Tribunal decides to resign the presidency, he shall communicate his decision in writing to the Tribunal through the Vice-President of the Tribunal or, failing him, the Senior Member. If the Vice-President of the Tribunal decides to resign the vice-presidency, he shall communicate his decision in writing to the President of the Tribunal.
If a vacancy in the presidency or the vice-presidency occurs before the date when the current term is due to expire, the Tribunal shall decide whether or not the vacancy shall be filled during the remainder of the term.
1. A request by a party for the selection by the Tribunal of scientific or technical experts under article 289 of the Convention shall, as a general rule, be made not later than the closure of the written proceedings. The Tribunal may consider a later request made prior to the closure of the oral proceedings, if appropriate in the circumstances of the case.
2. When the Tribunal decides to select experts, at the request of a party or proprio motu, it shall select such experts upon the proposal of the President of the Tribunal who shall consult the parties before making such a proposal.
3. Experts shall be independent and enjoy the highest reputation for fairness, competence and integrity. An expert in a field mentioned in Annex VIII, article 2, to the Convention shall be chosen preferably from the relevant list prepared in accordance with that Annex.
4. This article applies mutatis mutandis to any chamber and its President.
5. Before entering upon their duties, such experts shall make the following solemn declaration at a public sitting:
"I solemnly declare that I will perform my duties as an expert honourably, impartially and conscientiously and that I will faithfully observe all the provisions of the Statute and of the Rules of the Tribunal".
1. No Member who is a national of a party in a case, a national of a State member of an international organization which is a party in a case or a national of a sponsoring State of an entity other than a State which is a party in a case, shall exercise the functions of the presidency in respect of the case.
2. The Member who is presiding in a case on the date on which the Tribunal meets in accordance with article 68 shall continue to preside in that case until completion of the current phase of the case, notwithstanding the election in the meantime of a new President or Vice-President of the Tribunal. If he should become unable to act, the presidency for the case shall be determined in accordance with article 13 and on the basis of the composition of the Tribunal on the date on which it met in accordance with article 68.
Members who have been replaced following the expiration of their terms of office shall continue to sit in a case until the completion of any phase in respect of which the Tribunal met in accordance with article 68.
1. Whenever doubt arises on any point in article 8 of the Statute, the President of the Tribunal shall inform the other Members. The Member concerned shall be afforded an opportunity of furnishing any information or explanations.
2. If a party desires to bring to the attention of the Tribunal facts which it considers to be of possible relevance to the application of article 8 of the Statute, but which it believes may not be known to the Tribunal, that party shall communicate confidentially such facts to the President of the Tribunal in writing.
1. If a party intends to choose a judge ad hoc in a case, it shall notify the Tribunal of its intention as soon as possible. It shall inform the Tribunal of the name, nationality and brief biographical details of the person chosen, preferably at the same time but in any event not later than two months before the time-limit fixed for the filing of the counter-memorial. The judge ad hoc may be of a nationality other than that of the party which chooses him.
2. If a party proposes to abstain from choosing a judge ad hoc, on condition of a like abstention by the other party, it shall so notify the Tribunal which shall inform the other party. If the other party thereafter gives notice of its intention to choose, or chooses, a judge ad hoc, the time-limit for the party which had previously abstained from choosing a judge may be extended up to 30 days by the President of the Tribunal.
3. A copy of any notification relating to the choice of a judge ad hoc shall be communicated by the Registrar to the other party, which shall be requested to furnish, within a time-limit not exceeding 30 days to be fixed by the President of the Tribunal, such observations as it may wish to make. If within the said time-limit no objection is raised by the other party, and if none appears to the Tribunal itself, the parties shall be so informed. In the event of any objection or doubt, the matter shall be decided by the Tribunal, if necessary after hearing the parties.
4. A judge ad hoc who becomes unable to sit may be replaced.
5. If the Tribunal finds that the reasons for the participation of a judge ad hoc no longer exist, that judge shall cease to sit on the bench.
1. If the Tribunal finds that two or more parties are in the same interest, and therefore are to be considered as one party only, and that there is no Member of the nationality of any one of these parties upon the bench, the Tribunal shall fix a time-limit within which they may jointly choose a judge ad hoc.
2. Should any party among those found by the Tribunal to be in the same interest allege the existence of a separate interest of its own, or put forward any other objection, the matter shall be decided by the Tribunal, if necessary after hearing the parties.
1. If a Member having the nationality of one of the parties is or becomes unable to sit in any phase of a case, that party is entitled to choose a judge ad hoc within a time-limit to be fixed by the Tribunal, or by the President of the Tribunal if the Tribunal is not sitting.
2. Parties in the same interest shall be deemed not to have a Member of one of their nationalities upon the bench if every Member having one of their nationalities is or becomes unable to sit in any phase of the case.
3. If a Member having the nationality of one of the parties becomes able to sit not later than the closure of the written proceedings in that phase of the case, that Member shall resume the seat on the bench in the case.
1. An entity other than a State may choose a judge ad hoc only if:
(a) one of the other parties is a State Party and there is upon the bench a judge of its nationality or, where such party is an international organization, there is upon the bench a judge of the nationality of one of its member States or the State Party has itself chosen a judge ad hoc; or
(b) there is upon the bench a judge of the nationality of the sponsoring State of one of the other parties.
2. However, an international organization or a natural or juridical person or state enterprise is not entitled to choose a judge ad hoc if there is upon the bench a judge of the nationality of one of the member States of the international organization or a judge of the nationality of the sponsoring State of such natural or juridical person or state enterprise.
3. Where an international organization is a party to a case and there is upon the bench a judge of the nationality of a member State of the organization, the other party may choose a judge ad hoc.
4. Where two or more judges on the bench are nationals of member States of the international organization concerned or of the sponsoring States of a party, the President may, after consulting the parties, request one or more of such judges to withdraw from the bench.
The members of the Seabed Disputes Chamber shall be selected following each triennial election to the Tribunal as soon as possible after the term of office of Members elected at such election begins. The term of office of members of the Chamber shall begin to run from the date of their selection. The term of office of members selected at the first selection shall expire on 30 September 1999; the terms of office of members selected at subsequent triennial selections shall expire on 30 September every three years thereafter. Members of the Chamber who remain on the Tribunal after the expiry of their term of office shall continue to serve on the Chamber until the next selection.
The President of the Chamber, while holding that office, takes precedence before the other members of the Chamber. The other members take precedence according to their precedence in the Tribunal in the case where the President and Vice-President of the Tribunal are not exercising the functions of those offices.
Articles 8 and 9 apply mutatis mutandis to the judges ad hoc of the Chamber.
1. The Chamber shall elect its President by secret ballot and by a majority vote of its members.
2. The President shall preside at all meetings of the Chamber.
3. In the event of a vacancy in the presidency or of the inability of the President of the Chamber to exercise the functions of the presidency, these shall be exercised by the member of the Chamber who is senior in precedence and able to act.
4. In other respects, articles 10 to 14 apply mutatis mutandis.
1. Any request for the formation of an ad hoc chamber of the Seabed Disputes Chamber in accordance with article 188, paragraph 1 (b), of the Convention shall be made within three months from the date of the institution of proceedings.
2. If, within a time-limit fixed by the President of the Seabed Disputes Chamber, the parties do not agree on the composition of the chamber, the President shall establish time-limits for the parties to make the necessary appointments.
1. The Chamber of Summary Procedure shall be composed of the President and Vice-President of the Tribunal, acting ex officio, and three other Members. In addition, two Members shall be selected to act as alternates.
2. The members and alternates of the Chamber shall be selected by the Tribunal upon the proposal of the President of the Tribunal.
3. The selection of members and alternates of the Chamber shall be made as soon as possible after 1 October in each year. The members of the Chamber and the alternates shall enter upon their functions on their selection and serve until 30 September of the following year. Members of the Chamber and alternates who remain on the Tribunal after that date shall continue to serve on the Chamber until the next selection.
4. If a member of the Chamber is unable, for whatever reason, to sit in a given case, that member shall be replaced for the purposes of that case by the senior in precedence of the two alternates.
5. If a member of the Chamber resigns or otherwise ceases to be a member, the place of that member shall be taken by the senior in precedence of the two alternates, who shall thereupon become a full member of the Chamber and be replaced by the selection of another alternate.
6. The quorum for meetings of the Chamber is three members.
1. Whenever the Tribunal decides to form a standing special chamber provided for in article 15, paragraph 1, of the Statute, it shall determine the particular category of disputes for which it is formed, the number of its members, the period for which they will serve, the date when they will enter upon their duties and the quorum for meetings.
2. The members of such chamber shall be selected by the Tribunal upon the proposal of the President of the Tribunal from among the Members, having regard to any special knowledge, expertise or previous experience which any of the Members may have in relation to the category of disputes the chamber deals with.
3. The Tribunal may decide to dissolve a standing special chamber. The chamber shall finish any cases pending before it.
1. A request for the formation of a special chamber to deal with a particular dispute, as provided for in article 15, paragraph 2, of the Statute, shall be made within two months from the date of the institution of proceedings. Upon receipt of a request made by one party, the President of the Tribunal shall ascertain whether the other party assents.
2. When the parties have agreed, the President of the Tribunal shall ascertain their views regarding the composition of the chamber and shall report to the Tribunal accordingly.
3. The Tribunal shall determine, with the approval of the parties, the Members who are to constitute the chamber. The same procedure shall be followed in filling any vacancy. The Tribunal shall also determine the quorum for meetings of the chamber.
4. Members of a chamber formed under this article who have been replaced, in accordance with article 5 of the Statute, following the expiration of their terms of office, shall continue to sit in all phases of the case, whatever the stage it has then reached.
1. If a chamber when formed includes the President of the Tribunal, the President shall preside over the chamber. If it does not include the President but includes the Vice-President, the Vice-President shall preside. In any other event, the chamber shall elect its own President by secret ballot and by a majority of votes of its members. The member who, under this paragraph, presides over the chamber at the time of its formation shall continue to preside so long as he remains a member of that chamber.
2. Subject to paragraph 3, the President of a chamber shall exercise, in relation to cases being dealt with by that chamber and from the time it begins dealing with the case, the functions of the President of the Tribunal in relation to cases before the Tribunal.
3. The President of the Tribunal shall take such steps as may be necessary to give effect to article 17, paragraph 4, of the Statute.
4. If the President of a chamber is prevented from sitting or acting as President of the chamber, the functions of the presidency of the chamber shall be assumed by the member of the chamber who is the senior in precedence and able to act.
1. The Tribunal shall elect its Registrar by secret ballot from among candidates nominated by Members. The Registrar shall be elected for a term of seven years and may be re-elected.
2. The President of the Tribunal shall give notice of a vacancy or impending vacancy to Members, either forthwith upon the vacancy arising or, where the vacancy will arise on the expiration of the term of office of the Registrar, not less than three months prior thereto. The President of the Tribunal shall fix a date for the closure of the list of candidates so as to enable nominations and information concerning the candidates to be received in sufficient time.
3. Nominations shall be accompanied by the relevant information concerning the candidates, and in particular information as to age, nationality, present occupation, academic and other qualifications, knowledge of languages and any previous experience in law, and especially the law of the sea, diplomacy or the work of international organizations.
4. The candidate obtaining the votes of the majority of the Members composing the Tribunal at the time of the election shall be declared elected.
The Tribunal shall elect a Deputy Registrar; it may also elect an Assistant Registrar. Article 32 applies to their election and terms of office.
Before taking up their duties, the Registrar, the Deputy Registrar and the Assistant Registrar shall make the following solemn declaration at a meeting of the Tribunal:
"I solemnly declare that I will perform my duties as Registrar (Deputy Registrar or Assistant Registrar as the case may be) of the International Tribunal for the Law of the Sea in all loyalty, discretion and good conscience and that I will faithfully observe all the provisions of the Statute and of the Rules of the Tribunal".
1. The staff of the Registry, other than the Registrar, the Deputy Registrar and the Assistant Registrar, shall be appointed by the Tribunal on proposals submitted by the Registrar. Appointments to such posts as the Tribunal shall determine may, however, be made by the Registrar with the approval of the President of the Tribunal.
2. The paramount consideration in the recruitment and employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
3. Before taking up their duties, the staff shall make the following solemn declaration before the President of the Tribunal, the Registrar being present:
"I solemnly declare that I will perform my duties as an official of the International Tribunal for the Law of the Sea in all loyalty, discretion and good conscience and that I will faithfully observe all the provisions of the Statute and of the Rules of the Tribunal".
1. The Registrar, in the discharge of his functions, shall:
(a) be the regular channel of communications to and from the Tribunal and in particular shall effect all communications, notifications and transmission of documents required by the Convention, the Statute, these Rules or any other relevant international agreement and ensure that the date of dispatch and receipt thereof may be readily verified;
(b) keep, under the supervision of the President of the Tribunal, and in such form as may be laid down by the Tribunal, a List of cases, entered and numbered in the order in which the documents instituting proceedings or requesting an advisory opinion are received in the Registry;
(c) keep copies of declarations and notices of revocation or withdrawal thereof deposited with the Secretary-General of the United Nations under articles 287 and 298 of the Convention or Annex IX, article 7, to the Convention;
(d) keep copies of agreements conferring jurisdiction on the Tribunal;
(e) keep notifications received under article 110, paragraph 2;
(f) transmit to the parties certified copies of pleadings and annexes upon receipt thereof in the Registry;
(g) communicate to the Government of the State in which the Tribunal or a chamber is sitting, or is to sit, and any other Governments which may be concerned, the necessary information as to the persons from time to time entitled, under the Statute and the relevant agreements, to privileges, immunities or facilities;
(h) be present in person or represented by the Deputy Registrar, the Assistant Registrar or in their absence by a senior official of the Registry designated by him, at meetings of the Tribunal, and of the chambers, and be responsible for preparing records of such meetings;
(i) make arrangements for such provision or verification of translations and interpretations into the Tribunal's official languages as the Tribunal may require;
(j) sign all judgments, advisory opinions and orders of the Tribunal and the records referred to in subparagraph (h);
(k) be responsible for the reproduction, printing and publication of the Tribunal's judgments, advisory opinions and orders, the pleadings and statements and the minutes of public sittings in cases and of such other documents as the Tribunal may direct to be published;
(l) be responsible for all administrative work and in particular for the accounts and financial administration in accordance with the financial procedures of the Tribunal;
(m) deal with inquiries concerning the Tribunal and its work;
(n) assist in maintaining relations between the Tribunal and the Authority, the International Court of Justice and the other organs of the United Nations, its related agencies, the arbitral and special arbitral tribunals referred to in article 287 of the Convention and international bodies and conferences concerned with the codification and progressive development of international law, in particular the law of the sea;
(o) ensure that information concerning the Tribunal and its activities is accessible to Governments, the highest national courts of justice, professional and learned societies, legal faculties and schools of law and public information media;
(p) have custody of the seals and stamps of the Tribunal, of the archives of the Tribunal and of such other archives as may be entrusted to the Tribunal.
2. The Tribunal may at any time entrust additional functions to the Registrar.
3. In the discharge of his functions the Registrar shall be responsible to the Tribunal.
1. The Deputy Registrar shall assist the Registrar, act as Registrar in the latter's absence and, in the event of the office becoming vacant, exercise the functions of Registrar until the office has been filled.
2. If the Registrar, the Deputy Registrar and the Assistant Registrar are unable to carry out the duties of Registrar, the President of the Tribunal shall appoint an official of the Registry to discharge those duties for such time as may be necessary. If the three offices are vacant at the same time, the President, after consulting the Members, shall appoint an official of the Registry to discharge the duties of Registrar pending an election to that office.
1. The Registry consists of the Registrar, the Deputy Registrar, the Assistant Registrar and such other staff as required for the efficient discharge of its functions.
2. The Tribunal shall determine the organization of the Registry and shall for this purpose request the Registrar to make proposals.
3. Instructions for the Registry shall be drawn up by the Registrar and approved by the Tribunal.
4. The staff of the Registry shall be subject to Staff Regulations drawn up by the Registrar and approved by the Tribunal.
1. The Registrar may resign from office with two months' notice tendered in writing to the President of the Tribunal. The Deputy Registrar and the Assistant Registrar may resign from office with one month's notice tendered in writing to the President of the Tribunal through the Registrar.
2. The Registrar may be removed from office only if, in the opinion of two thirds of the Members, he has either committed a serious breach of his duties or become permanently incapacitated from exercising his functions. Before a decision to remove him is taken under this paragraph, he shall be informed by the President of the Tribunal of the action contemplated, in a written statement which shall include the grounds therefor and any relevant evidence. When the action contemplated concerns permanent incapacity, relevant medical information shall be included. The Registrar shall subsequently, at a private meeting of the Tribunal, be afforded an opportunity of making a statement, of furnishing any information or explanations he wishes to give and of supplying answers, orally or in writing, to any questions put to him. He may be assisted or represented at such meeting by counsel or any other person of his choice.
3. The Deputy Registrar and the Assistant Registrar may be removed from office only on the same grounds and by the same procedure as specified in paragraph 2.
The internal judicial practice of the Tribunal shall, subject to the Convention, the Statute and these Rules, be governed by any resolutions on the subject adopted by the Tribunal.
1. The quorum specified by article 13, paragraph 1, of the Statute applies to all meetings of the Tribunal. The quorum specified in article 35, paragraph 7, of the Statute applies to all meetings of the Seabed Disputes Chamber. The quorum specified for a special chamber applies to all meetings of that chamber.
2. Members shall hold themselves permanently available to exercise their functions and shall attend all such meetings, unless they are absent on leave as provided for in paragraph 4 or prevented from attending by illness or for other serious reasons duly explained to the President of the Tribunal, who shall inform the Tribunal.
3. Judges ad hoc are likewise bound to hold themselves at the disposal of the Tribunal and to attend all meetings held in the case in which they are participating unless they are prevented from attending by illness or for other serious reasons duly explained to the President of the Tribunal, who shall inform the Tribunal. They shall not be taken into account for the calculation of the quorum.
4. The Tribunal shall fix the dates and duration of the judicial vacations and the periods and conditions of leave to be accorded to individual Members, having regard in both cases to the state of the List of cases and to the requirements of its current work.
5. Subject to the same considerations, the Tribunal shall observe the public holidays customary at the place where the Tribunal is sitting.
6. In case of urgency the President of the Tribunal may convene the Tribunal at any time.
1. The deliberations of the Tribunal shall take place in private and remain secret. The Tribunal may, however, at any time decide in respect of its deliberations on other than judicial matters to publish or allow publication of any part of them.
2. Only judges and any experts appointed in accordance with article 289 of the Convention take part in the Tribunal's judicial deliberations. The Registrar, or his Deputy, and other members of the staff of the Registry as may be required shall be present. No other person shall be present except by permission of the Tribunal.
3. The records of the Tribunal's judicial deliberations shall contain only the title or nature of the subjects or matters discussed and the results of any vote taken. They shall not contain any details of the discussions nor the views expressed, provided however that any judge is entitled to require that a statement made by him be inserted in the records.
The official languages of the Tribunal are English and French.