Internet Guide to International Fisheries Law

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Part 9: Settlement of disputes

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This page contains links to general information on the settlement of disputes in the law of the sea, as well as to general information and the relevant case law of the International Court of Justice and the International Tribunal for the Law of the Sea. Finally, links to some other dispute settlement bodies are provided. For further information, see the Compendium of Fisheries Cases

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General information

Part XV of the Law of the Sea Convention

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Annex V (Conciliation)

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Annex VI (Statute of the ITLOS)

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Annex VII (Arbitration)

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Annex VIII (Special arbitration)

Part VIII of the UN Fish Stocks Agreement

Settlement of Disputes
Overview of the relevant law and structure from the UN's Oceans and the Law of the Sea pages. Includes list of:

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Choices of Procedure under Article 287 of the LOS Convention

International Law and the International Court of Justice
Overview of the relevant international law from the UN's 50th Anniversary Guide to the Court.

Literature on-line

The Dispute Settlement Mechanism of UNCLOS: A Potentially Important Provision for Marine Wildlife Management
Article by Howard Schiffman, originally appearing in the Journal of International Wildlife Law and Policy (in pdf).

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International Court of Justice

International Court of Justice
Homepage of the ICJ's excellent site (also in French). The site has a number of sections, as follows:

General information

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Overview of the Court

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Current composition and biographies of the judges

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Annual Report to the General Assembly: 1 August 1998 - 31 July 1999

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Information on the jurisdiction of the ICJ is also provided on the Basic Documents page.

Basic Documents

bullet Charter of the United Nations
bullet Statute of the International Court of Justice
bullet Rules of the Court

What is new at the ICJ
Including all recent press releases.

List of all cases brought before the Court
Information on all cases (both contentious and advisory), with copies of orders and judgments and other relevant documentation for the more recent ones and summaries of judgments of the older cases. For more information on cases relating to fisheries, see below.

Current docket of the Court
Information on all pending cases before the Court, including the current status of cases, relevant press communiqués and any pleadings or preliminary decisions so far made or given. 

Publications
Information on how to order further ICJ publications.

Other ICJ sites:

50th Anniversary Guide to the Court
On-line version of the UN's handbook to the Court, providing an overview of its history, composition, jurisdiction, procedure and decisions.

Max Planck Virtual Institute: World Court Digest
Material from the Max Planck Institute for Comparative Public Law and International Law.

Literature on-line

The Contribution of the International Court of Justice to the Development of the Law of the Sea
by Barbara Kwiatkowska, NILOS On-Line Paper, January 2001

The Law of the Sea Related Cases in the International Court of Justice during the Presidency of Judge Stephen M. Schwebel (1997-2000)
by Barbara Kwiatkowska, Utrecht University, September 2000
   

Selected disputes

Fisheries Jurisdiction case (Spain v. Canada) (1995-1998)
Information, documentation and press releases on the ICJ Website concerning this case, including the judgment  (and separate and dissenting opinions) delivered in December 1998. Includes:

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Fisheries Jurisdiction case
Further links in the Compendium of Fisheries Cases on this site (and also reproductions of the judgment and opinions).

Fisheries Jurisdiction case (Federal Republic of Germany v. Iceland) (1972-1974)
Judgments on jurisdiction and the merits and other links in the Compendium of Fisheries Cases.

Fisheries Jurisdiction case (United Kingdom v. Iceland) (1972-1974)
Judgments on jurisdiction and the merits and other links in the Compendium of Fisheries cases

Fisheries case (United Kingdom v. Norway) (1949-1950)
Judgment and links in the
Compendium of Fisheries cases.

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International Tribunal for the Law of the Sea

International Tribunal for the Law of the Sea
Relevant Resolutions:

Resolution 52/251: Agreement on Cooperation and Relationship between the United Nations and the International Tribunal for the Law of the Sea (1998)
    
     

Literature on-line

Conflicts Between the International Tribunal for the Law of the Sea and the International Court of Justice
Article by Tullio Treves in the NYU Journal of International Law and Politics.

Interpreting at the International Tribunal for the Law of the Sea
Article by George Drummond, AIIC September 2000.
   

Selected disputes

The Judgments, declarations, separate and dissenting opinions, verbatim records and related press releases of these cases are reproduced on the ITLOS website. These documents are also reproduced or linked to in the Compendium of Fisheries Cases on this website, which also contains additional links. 

The "Grand Prince"  Case (No. 8) (Belize v. France) ITLOS Compendium
The "Swordfish Stocks" Case (No. 7) (Chile v. EC) ITLOS Compendium
The "Monte Confurco"  Case (No. 6) (Seychelles v. France) ITLOS Compendium
The "Camouco" Case (No. 5) (Panama v. France) ITLOS Compendium
Southern Bluefin Tuna cases (Nos. 3 & 4) (Australia and New Zealand v. Japan)
See also Southern Bluefin Tuna cases, Annex VII Arbitration (Compendium)
ITLOS Compendium
The "M/V Saiga" Case (No. 2) (St Vincent and the Grenadines v. Guinea) ITLOS Compendium
The "M/V Saiga" Case (No. 1) (St Vincent and the Grenadines v. Guinea) ITLOS Compendium

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Other dispute settlement bodies

Project on International Courts and Tribunals
Major reference source for information on the settlement of international disputes. Among other things, it Includes a News section, information on cases and more links

World Trade Organization Dispute Settlement Body and Appellate Body

Other selected courts:

For a bigger selection, try the AUSTLII World Court links page.

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Central American Court of Justice (Corte Centroamericana de Justicia)

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COMESA Court of Justice

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Court of Justice of the Andean Community (Tribunal de Justicia de la Comunidad Andina)

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Court of Justice of the European Communities

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European Free Trade Agreement Court

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International Court of Arbitration

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North American Free Trade Area - Commission for Environmental Cooperation

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OSCE Court on Conciliation and Arbitration

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Permanent Court of Arbitration

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