TITLE:
Urgent Proceedings before the International Courts and Tribunals
AUTHORS:
Tafsir Malick Ndiaye
KEYWORDS:
Proceedings, Incidental Proceedings, Provisional Measures, Preliminary Proceedings, Preliminary Objections, Counter Claim, Intervention, Discontinuance, Prompt Release Proceedings
JOURNAL NAME:
Beijing Law Review,
Vol.10 No.4,
September
2,
2019
ABSTRACT: The urgent proceedings of the International Tribunal for the Law of the Sea reflect the Tribunal multi-faceted jurisdiction contained in the Rules. These proceedings are expeditious and cost-effective. They last about two months instead of thirty months as in the procedure on the merits. These proceedings help States to face emergency issues at hand. It appeared determinant after the two cases, i.e. case N°26 concerning the Detention of three Ukrainian naval vessels in its order of 25 May 2019 and case N°27, The M/T “San Padre Pio” in its order of 6 July 2019, to make plane and clarify the legal regime of urgent proceedings specially with new challenges for the international community as a whole, such as the climate change, the Sea level rise and the Biodiversity Beyond National Jurisdiction (BBNJ).