Document Type : Article
Author
Assistant Prof., International Law Department, Faculty of Law, University of Qom, Qom, Islamic Republic of Iran
Abstract
The Regional Fisheries Commission has taken four questions from the International Court of Law of the Sea and asked it to issue an advisory opinion. The International Court of Law of the Sea, with a dynamic interpretation of Article 21 of the Statute and Article 138 of the Rules of the Court, ruled that the authority to issue an advisory opinion is not exclusive to the Seabed Litigation Branch. In Case No. 21, it is the first time that the General Board of Judges of the International Court of Law of the Sea has issued an advisory opinion. This can lead to a more comprehensive opinion. The following article aims to analyze the content of the advisory opinion of the International Court of Law of the Sea in case number 21. For this purpose, the performance of the International Tribunal for the Law of the Sea in response to the four questions of the Regional Fisheries Commission are examined separately. The research method is descriptive-analytical. The aforementioned court, while answering the questions of the Regional Fisheries Commission, stated that the obligations of the flag state in dealing with illegal, unreported and unorganized fishing are irrevocable and the civil responsibility of the flag state in taking appropriate actions to deal with it. The relationship between the management of marine living resources and the protection of the marine environment has been emphasized. A matter that was previously clarified in cases such as South Blufin, which itself shows its consistency.
Keywords
Main Subjects
English
- A) Articles
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- B) Cases
- International Court of Justice, (1996). Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion.
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- International Tribunal for the Law of the Sea (1997). Rules of the Tribunal (ITLOS/8).
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