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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Separate Opinion: International Tribunal for the Law of the Sea (ITLOS)

David Heywood Anderson

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Judicial independence/impartiality — Margin of appreciation — Deliberation and drafting — International courts and tribunals, decisions — International courts and tribunals, powers — Concurring, dissenting, separate, joint or individual opinions — Judicial reasoning — UNCLOS (UN Convention on the Law of the Sea)

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Article 30 Statute of the International Tribunal for the Law of the Sea (ITLOS) (‘Tribunal’) accords to members of the Tribunal the right to deliver a separate opinion if the judgment does not represent the unanimous opinion of the members on all of the issues covered. The judgment may relate to the merits of a case, to procedural issues, or to preliminary objections, whether to the Tribunal’s jurisdiction over the particular case or to the admissibility of an application. The same right exists for non-procedural Orders, notably Orders prescribing provisional...
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