2012년도 국제해양법재판소의 재판 사건에 관한 연구
A Study of 2012 Judicial Activities of the International Tribunal for the Law of the Sea
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In 2012, ITLOS produced 3 judicial decisions. In Bangladesh and Myanmar Maritime Delimitation case (Case No. 16), ITLOS gave judgement about maritime delimitation in its history. This judgment has been evaluated as that it followed its precedent faithfully. In the M/V "Virginia G" Counter-claims case (Case No. 19), ITLOS gave birth to its first counter claims order. Also, in this case, ITLOS referred to ICJ precedence of the ICJ’s counter claims orders. The “ARA Libertad” Provisional Measures case (Case No. 20) is the fourth provisional measures order according to the Article 290, paragraph 5, UNCLOS. In those 3 cases, it tried not to deviate from the precedent of ICJ. So current ITLOS judicial activities can be considered as an effort to keep the international judicial justice more effective and sound. If it deviated from the precedent of ICJ, every State would stick to the forum shopping. This would harm the international judicial justice. And ITLOS emphasized the fast and a speedy trial. It conveys the message to the international community that ITLOS would not give unexpected judgment or surprising result to the State by not deviating from the precedent, but it will reduce the most of expenses for the judicial decision by delivering it very fast.
Abstract
In 2012, ITLOS produced 3 judicial decisions. In Bangladesh and Myanmar Maritime Delimitation case (Case No. 16), ITLOS gave judgement about maritime delimitation in its history. This judgment has been evaluated as that it followed its precedent faithfully. In the M/V "Virginia G" Counter-claims case (Case No. 19), ITLOS gave birth to its first counter claims order. Also, in this case, ITLOS referred to ICJ precedence of the ICJ’s counter claims orders. The “ARA Libertad” Provisional Measures case (Case No. 20) is the fourth provisional measures order according to the Article 290, paragraph 5, UNCLOS. In those 3 cases, it tried not to deviate from the precedent of ICJ. So current ITLOS judicial activities can be considered as an effort to keep the international judicial justice more effective and sound. If it deviated from the precedent of ICJ, every State would stick to the forum shopping. This would harm the international judicial justice. And ITLOS emphasized the fast and a speedy trial. It conveys the message to the international community that ITLOS would not give unexpected judgment or surprising result to the State by not deviating from the precedent, but it will reduce the most of expenses for the judicial decision by delivering it very fast.
참고문헌 (16)
- ITLOS, "The M", V "SAIGA" (No. 2) Case (Saint Vincent and the Grenadines v. Guinea)
- ITLOS, "Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan)", Provisional Measures, Case 3&4, ~
- ITLOS, "MOX Plant (Ireland v. United Kingdom)", Provisional Measures, Order of 3 December 2001, ITLOS Reports 2001, Case No. 10, ~ (2001)
- ITLOS, "Case concerning Land Reclamation by Singapore in and around the Straits of Johor (Malaysia v. Singapore)", Provisional Measures, Case No. 12, ~
- ITLOS, "Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh", Myanmar)
- ITLOS, "The M", V "Virginia G" Case (Panama, Counter- claims, Case No. 19, ~
- ITLOS, "The “ARA Libertad” Case (Argentina v. Ghana)", Provisional Measures, Case No. 20, ~
- "Virginia G" The Republic of Panama v. The Republic of Guinea-Bissau, Statement of Claim and Grounds on which it is based", Submission of Dispute to Arbitration, ~ (2011)
- "Application of the Convention on the Prevention and Punishment of the Crime of Genocide", Counter-claims, Order of 17 December 1997, I.C.J. Reports 1997, ~ (1997)
- "Oil Platforms (Islamic Republic of Iran v. United States of America)", Counter-Claim, Order of 10 March 1998, I.C.J. Reports 1998, ~ (1998)
- Boyle, Alan, "The Southern Bluefin Tuna Arbitration: Malcomn D. Evans (ed)Decision of Internationa Tribunals", International and Comparative Law Quarterly, 50 (2001)
- Churchill, R. R., "International Tribunal for the Law of the Sea the Southern Bluefin Tuna cases (New Zealand v. Japan: Australia v. Japan): Order for Provisional Measures of 27 August 1999", International and Comparative Law Quarterly, 49 (2000)
- Klein, Natalie, "Dispute Settlement in the UN Convention on the Law of the Sea" (2005), Cambridge Univ. Press
- Ronsenne, Shabtai, "Provisional Measures in International Law : The International Court of Justice and the International Tribunal for the Law of the Sea" (2005), Oxford Univ. Press
- Rosenne, Shabtai, "United Nations Convention on the Law of the Sea 1982 : A Commentary, Vol. V" (1989), Martinus Nijhof
- Zimmermann, Andreas, "The Statute of the International Court of Justice: A Commentary" (2006), Oxford Univ. Press