The Arctic Sunrise
68 International tribunals — Provisional measures — International Tribunal for the Law of the Sea — United Nations Convention on the Law of the Sea, 1982, Article 290(5) — Consequences of a non-appearing party — Capacity of the Tribunal to award measures other than those requested in the initial app...
| Published in: | International Law Reports |
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| Format: | Article in Journal/Newspaper |
| Language: | English |
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Cambridge University Press (CUP)
2015
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| Online Access: | http://dx.doi.org/10.1017/9781107416079.002 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0309067100117058 |
| Summary: | 68 International tribunals — Provisional measures — International Tribunal for the Law of the Sea — United Nations Convention on the Law of the Sea, 1982, Article 290(5) — Consequences of a non-appearing party — Capacity of the Tribunal to award measures other than those requested in the initial application — Award of a bond in exchange for the release of contested subject matter — Concerns that such an award in the provisional measures context may create a de facto prompt release proceeding International tribunals — Jurisdiction — United Nations Convention on the Law of the Sea, 1982, Article 298 — Declaration by State purporting to exclude jurisdiction of ITLOS — Whether permissible — Effects International tribunals — Non-appearing parties — Consequences of non-appearance — Whether non-appearance by a party should be permitted to prejudice the claim of a party that does appear and participates in proceedings in good faith — Whether non-appearance inconsistent with procedural fairness and wider rule of law in international proceedings |
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