Sea court:A bit of New York in Hamburg

Detained ships, border conflicts at sea - these are cases for the International Tribunal for the Law of the Sea, founded on October 1, 1996. On July 3, 2000, the ISGH's official headquarters were inaugurated in a new building in Hamburg.

by Janine Kuehl

Am Internationales Seegerichtshof 1, 22609 Hamburg:This is the address of the few large and important UN institutions in Germany. The team around the Munich architect Alexander von Branca designed an imposing building around the classical "Villa Schröder" on the Elbchaussee. The approximately 5,300 square meter new building in Hamburg-Nienstedten will be completed within four years for 123 million euros. At the official inauguration on July 3, 2000, the keys will be handed over to the former President of the ISGH, Chandrasekhara Rao, and his fellow judges in the presence of UN Secretary General Kofi Annan. After four years of temporary accommodation, the court gets its own place of work.

ISGH:adjudicates disputes on and under sea

A naval court in the port city of Hamburg - that sounds fitting. But what are the tasks of the International Tribunal for the Law of the Seas (ITLOS)? Two thirds of our planet are covered by water. And of course there are also legal conflicts here. The International Tribunal for the Law of the Sea (ISGH) was created to rule on disputes at sea and under the sea. Kofi Annan, Secretary General of the United Nations with headquarters in New York until 2006, called the ISGH "a central component of the international peace and security system".

The basis for the jurisprudence of the ISGH is the United Nations Convention on the Law of the Sea (UNCLOS), which came into force in 1994 after nine years of negotiations. As early as the early 1950s, it was clear that rules were needed as to what was and was not permitted on and in the oceans. Because more and more countries wanted to use resources from the sea. They increased their fishing and oil production areas. Conflicts arose more and more often.

Located in Hamburg since 1981

At the UN Conference on the Law of the Sea on August 21, 1981 in Geneva, the participants agreed on Hamburg as the location of a maritime court. After UNCLOS came into force in 1994, it took another two years until the International Tribunal for the Law of the Sea began its work in the Hanseatic city on October 1, 1996, initially in an office building in the city center before moving to the Elbe in 2000 - a temporary solution. Since the fall of 2000, the court has been working in the spacious new building in the Nienstedten district, which is equipped with the latest technology and is financed 80 percent by the federal government and 20 percent by the city. While the President and around 35 employees live on site, the other judges usually only come to the Elbe for the hearings.

The first case:"MS Saiga"

The Maritime Court received its first case in 1997:the West African state of Guinea had had the tanker "MS Saiga", which sailed under the flag of St. Vincent and the Grenadines, hijacked by pirates. The reason given by Guinea was that the ship pumped oil into fishing boats and thus violated Guinea's national customs laws. In total, the tanker was detained for 80 days. In 1999, the ISGH sentenced Guinea to a heavy fine for "excessive and inappropriate" practices.

Maritime border conflict:Myanmar - Bangladesh

A sensational and groundbreaking case was tried from December 2009. The proceedings over the sea border between Bangladesh and Myanmar in the Bay of Bengal lasted more than two years. Finally, the ISGH was able to announce the verdict in March 2012. With success:It was recognized by both parties and implemented exactly. This ended a conflict that had smoldered for years and had led to diplomatic and military disputes.

"Arctic Sunrise":Russia initially does not recognize the verdict

In the case of the "Arctic Sunrise", the Netherlands and Russia faced each other as disputing parties. The Dutch-flagged Greenpeace ship "Arctic Sunrise" was arrested in the North Sea after attempting to occupy an oil platform in September 2013, and the crew was arrested. According to Russian information, the "Arctic Sunrise" was in Russian waters, which Greenpeace denied. The ISGH ruling of November 2013 provided for the ship to be handed over and for the crew to be released on bail. Russia initially refused to recognize the verdict. Nonetheless, the crew walked free. And the ship was able to leave Russia again - but only in July 2014.

International Tribunal for the Law of the Sea:21 judges from all over the world

To ensure balance and different perspectives in legal work, 21 judges at the ISGH represent all continents. They are elected by the currently 168 contracting parties for nine-year terms. Five judges each come from Africa and Asia, four each from Central and South America and Western Europe, and three come from Eastern Europe. Elections for a third of the court are held at the UN headquarters in New York every three years. In 2017, the judges elected the South Korean Jin-Hyun Paik from among their number as President of the ISGH. Paik’s three-year term ends at the end of September 2020. The incumbent judges will decide on October 1 who will be his successor. To date, no president has exercised the right to re-election.

ISGH judgment is binding

If two disputing parties - countries, organizations, companies or private individuals - apply to the Maritime Tribunal, its decision is binding. However, the ISGH does not have an executive body that could enforce the judgments after they have been announced. A problem? "History has shown that judgments by international courts are usually recognized by the states," says Julia Ritter, spokeswoman for the ISGH. "As far as the sea court is concerned, all decisions so far have been accepted in the end." In addition to the ISGH, parties to a dispute also have the option of appealing to the International Court of Justice in The Hague or an international arbitral tribunal. The ISGH is solely responsible for questions relating to deep-sea mining.

Special chambers for individual subject areas

So far, the Seegerichtshof has heard 29 cases, two of which are still resident. There are special chambers for the areas of deep-sea mining, fisheries, marine-environmental disputes and the determination of sea borders. Judges with special knowledge of the respective legal field are represented in a special chamber. In addition, the parties to the dispute can form their own chamber. In addition to ISGH judges, this also includes so-called ad hoc judges, who may be appointed by the parties to the dispute.

Fewer urgent procedures, more complicated cases

In the first few years, urgent procedures determined the work at the ISGH, but the issues are becoming increasingly complicated and can take up to two and a half years to be clarified. In summary proceedings, it only takes 30 days to reach a verdict. It is often about the release of a detained ship or the protection of the marine environment. Fundamental cases such as the clarification of sea borders, overfishing or deep-sea mining take a much longer time to reach a verdict. It takes up to 18 months for the parties to the dispute to submit all the documents. After several weeks of negotiations in Hamburg, the judges then have six months to reach a verdict. The simple majority is decisive for the overall assessment.

Deep-sea mining and climate change will become areas of conflict in the future

In the future, the ISGH expects more cases in the field of deep-sea mining. The 17th case from 2010/2011 dealt with the possibilities of environmentally friendly deep-sea mining. Much research is still being done in this field. But once companies and states take action, the ISGH will probably have to clarify numerous points of contention. "There is no alternative to the subject of deep-sea mining, these cases can only be heard at the ISGH in Hamburg," explains Julia Ritter. In addition, the judges expect conflicts arising from climate change, such as border disputes due to rising sea levels.

New agreement:Negotiations in Singapore possible

Since June 11, 2020, it has also been possible to hold ISGH hearings in Singapore. A corresponding agreement stipulates that Singapore will provide the ISGH with a building on site for this purpose. This offers parties to a dispute the opportunity, for example, to negotiate conflicts between Asian countries relatively close to where they are. "However, the seat of the International Tribunal for the Law of the Sea will remain in Hamburg," confirms Julia Ritter.