التدابير المؤقتة للمحكمة الدولية لقانون البحار

Abstract EN

The Provisional measures of the International Tribunal for the Law of the Sea are considered of a great importance giving that they are urgent measures aimed at protecting the subject matter of the case, by preserving the rights of the parties to the conflict on the one hand, and protecting the marine environment from any serious damage that is impossible or difficult to repair later on the other hand.

seaside is a new target for these interim measures that emanated from the 1982 United Nations Convention on the Law of the Sea.

The International Tribunal for the Law of the Sea exercises its powers to impose temporary measures, based on Article 25 of its statute and Article 290 of the 1982 United Nations Convention on the Law of the Sea, in two cases: The first is in the event of its consideration of the subject of the dispute in accordance with the first paragraph of Article 290, While the second case is represented in the event of the litigant agreement to refer the dispute to arbitration -in accordance with Annex VII of the Law of the Sea Convention- and Pending the formation of the arbitration court -in accordance with the fifth paragraph of the same Article 290- temporary measures may be requested from another side by agreement.

If no agreement is reached within two weeks of the notification, the jurisdiction of the International Tribunal for the Law of the Sea shall be concluded In both cases, the required conditions must be fulfilled, including jurisdiction, harm, and urgency, without prejudice to the origin of the right, as they are temporary measures that provide urgent protection and not full justice.