Scanning reading

20. The text given below deals with the International Tribunal for the Law of the Sea established to solve maritime disputes.

Scan the text through and find the information about the chambers of the International Tribunal for the Law of the Sea as quickly as possible.

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Time limit – 15 minutes

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International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea is an independent judicial body established by the Convention to adjudicate disputes arising out of the interpretation of the Convention. The present seat of the Tribunal is in the city of Hamburg in Germany. In 1986 Germany offered to provide premises (a project in photographs) for the Tribunal at the expense of the Federal Government, including a substantial contribution from the city of Hamburg. The foundation stone of the permanent headquarters was laid on 18 October 1996. Pending construction of the headquarters, temporary premises were made available to the Tribunal as its first session just in October 1996.

The joint ceremony of the Tribunal, the Government of the Federal Republic of Germany and the Senate of the City of Hamburg for the official opening of the permanent premises took place on 3 July 2000. The ceremony was attended by the Vice-President and other judges of the Tribunal and high dignitaries, including the President of the Meeting of States Parties, Mr. Peter Donigi, the Legal Counsel of the United Nations, Mr. Hans Corell, and other government representatives of international institutions.

The agreement between the International Tribunal for the Law of the Sea and the Government of the Federal Republic of Germany on the Occupancy and Use of the Premises of the International Tribunal for the Law of the Sea in the City of Hamburg (Additional Agreement) of 18 October 2000 establishes the terms and conditions under which the premises are made available.

The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and recognized competence in the field of the law of the sea. Pursuant of the provisions of the Statute, the Tribunal has formed the following Chambers: the Chamber of Summary Procedure, the Chamber for Fisheries Disputes, the Chamber for Marine Environment Disputes and the Chamber for Marine Delimitation Disputes.

Disputes relating to activities in the International Seabed Area are submitted to the Seabed Disputes Chamber of the Tribunal, consisting of 11 judges. Any party to a dispute over which the Seabed Disputes Chamber has jurisdiction may request the Seabed Dispute Chamber to form an ad hoc chamber composed of three members of the Seabed Dispute Chamber.

The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons) (Access to the Tribunal). Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt- release of vessels and crews under Article 292 of the Convention and to provisional measures pending the Constitution of an Arbitral Tribunal under Article 290, paragraph 5, of the Convention.

The Seabed Disputes Chamber is competent to give advisory opinions on legal questions arising within the scope of the activities of the International Seabed Authority. The Tribunal may also give advisory opinions under international agreements related to the purposes of the Convention. Disputes before the Tribunal are instituted either by written application or by of a special agreement. The procedure to be followed for the conduct if notification cases submitted to the Tribunal is defined in its Statute and Rules.

Admiralty Court is a court forming part of the Queen’s Bench Division of the High Court whose jurisdiction embraces civil actions relating to ships and the sea. The court’s work includes cases about collisions, damage to cargo, prizes and salvage and, in some cases, assessors may be called “to sit in with the judge”. The distinctive feature of the court’s procedure is the action, under which the property that has given rise to the cause of action (usually a ship) may be “arrested” and held by the court to satisfy the plaintiff’s claim. In practice it is usual for the owners of the property to give security for its release while the action is proceeding. If the claim is successful, the property held or the sum given by way of security is available to satisfy the judgment. Until 1971 Admiralty Court was part of the Probate, Divorce and Division of the High Court.

National legislation lends its support to such economic activity as arbitration. Arbitration settles international commercial cases and law disputes on the problems of criminals at sea. For at least a century the arbitration has been the dominant force in the dispute resolution in areas such as shipping, commodities and construction. The main centers for International Arbitration are: Paris, London, Geneva, Stockholm, New York, Hong Kong and Singapore. Stockholm was always the place for arbitrating east-west disputes. London – for shipping and commodities. As for the “name recognition” Paris is best known as home of International Chamber of Commerce, followed by London as home of the London Court of International Arbitration. Arbitration bodies try hard to get their arbitration clause put into contracts so they have a captive market once disputes arise. They do this by publicizing their activities and rules, competing intensely with other localities and arbitration centers. England has taken steps to improve English arbitration law in the form of the Arbitration Act 1996, which came into force at the beginning of 1997.

Notes:

adjudicate disputes reputation for fairness recognized competence in the field a pursuant of the provisions related to provisional satisfy the judgment of the court sit in with the judge satisfy the plaintiff’s claim cases of collision at sea damage to cargo salvage of supplies Tribunal arbitrator arbitration

вирішення спірного питання визнання справедливим (репутація...) визнана компетенція в царині відповідно до положень пов’язані з попередніми … задовольнити вирок суду вирішувати справу з адвокатом задовольняти скаргу позивача випадки зіткнень на морі ушкодження товару спасіння, збереження постачань третейський суд третейський суддя арбітражний процес