Amendments to the Rules of the International Tribunal for the Law of the Sea as adopted by the Tribunal on 25 March 2021

• Year: 2021

AMENDMENTS TO THE ENGLISH TEXT OF THE RULES OF THE

INTERNATIONAL TRIBUNAL FOR THE LAW OF

THE

SEA

as adopted by the Tribunal on 25 March 2021

The Tribunal,

Acting pursuant to article

16

of the Statute of the International Tribunal for the Law of the

Sea, Annex

VI

to the United Nations Convention

on

the Law of the Sea,

Adopts the following amendments to the English text of the Rules

of

the Tribunal of

28 October 1997 (as amended on 15 March and

21

September 2001, on

17

March 2009,

on

25 September 2018 and

on

25 September 2020):

(i) Article 4 shall

be

amended as follows:

3.

A Member who

is

re-elected to a new term of office which

is

continuous with

her or his previous term shall retain her or his precedence.

5.

The Member who, in accordance with the foregoing paragraphs, takes

precedence next after the President and the Vice-President

of

the Tribunal

is

in

these

Rules designated the "Senior Member". If that Member

is

unable to act, the Member

who

is

next after her or him

in

precedence and able to act

is

considered

as

Senior

Member.

(ii) Article 5 shall

be

amended as follows:

2.

This declaration shall be made at the first public sitting at which the Member

is

present. Such sitting shall be held

as

soon

as

practicable after her or his term

of

office begins and, if necessary, a special sitting shall

be

held for the purpose.

3.

A Member who

is

re-elected shall make a new declaration only if her or his

new term

is

not continuous with her or his previous one

(iii) Article 6 shall

be

amended as follows:

2.

In

the case of the resignation of the President of the Tribunal, the letter

of

resignation shall

be

addressed to the Vice-President of the Tribunal

or,

failing her or

him, the Senior Member. The place becomes vacant

on

the receipt of the letter.

(iv) Article 7 shall

be

amended as follows:

In

any case

in

which the application of article 9 of the Statute

is

under consideration,

the Member concerned shall be so informed

by

the President of the Tribunal

or,

if the

circumstances so require, by the Vice-President of the Tribunal,

in

a written

statement which shall include the grounds therefor and any relevant evidence. The

Member concerned shall subsequently, at a private meeting of the Tribunal specially

convened for the purpose, be afforded

an

opportunity

of

making a statement, of

furnishing any information or explanations she or

he

wishes to give and of supplying

answers, orally or

in

writing, to any questions put to her or him. The Member

concerned may be assisted or represented by counsel or any other person of her or

his choice. At a further private meeting, at which the Member concerned shall not

be

present, the matter shall be discussed; each Member shall state her or his opinion,

and if requested a vote shall be taken.