Practice question
States Corin and Dalen have instituted Annex VII arbitration over a Convention dispute. The tribunal is not yet constituted. More than two weeks have passed after a request for provisional measures, and the States have not agreed on another court to hear that request. Urgent protection is necessary and the future tribunal would prima facie have jurisdiction. What may ITLOS do?
- Prescribe provisional measures under Article 290(5), subject to its requirements
- Automatically decide the entire merits permanently
- Exercise jurisdiction only if the future tribunal already exists
- Treat the waiting period as a bar to all interim relief
- Ignore urgency and jurisdiction entirely
Legal references
- UNCLOS, Article 290(5): https://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf
- ITLOS competence: https://www.itlos.org/en/main/jurisdiction/competence/
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