STATES PARTIES TO LAW OF SEA CONSIDER DRAFT PROTOCOL, DRAFT INITIAL BUDGET OF INTERNATIONAL TRIBUNAL

Press Release
SEA/1503

STATES PARTIES TO LAW OF SEA CONSIDER DRAFT PROTOCOL, DRAFT INITIAL BUDGET OF INTERNATIONAL TRIBUNAL

The Meeting of States Parties of the United Nations Convention on the Law of the Sea this morning began its current session with a discussion of the final draft protocol on the privileges and immunities of the International Tribunal for the Law of the Sea. That draft had been developed in the Preparatory Commission for the International Seabed Authority and for the Tribunal.

The States Parties Meeting, to take place from 27 November to 1 December, is concentrating on practical arrangements for the Tribunal -- the central mechanism of the compulsory dispute-settlement set up by the Convention. It will be based in Hamburg, Germany.

During discussion on the articles of the final draft protocol, which were brought to the Meeting's attention by its President Satya Nandan (Fiji), several delegates suggested that the privileges and immunities of the International Tribunal should be identical to those of the Judges of the International Court of Justice; the courts should be on "equal footing". It was emphasized that the rules of the ICJ had been based upon Article 105 of the Charter and on the 1946 Vienna Convention on Privileges and Immunities, while the Tribunal would be a separate and autonomous entity created under the terms of the Convention on the Law of the Sea.

Others urged that the draft protocol be harmonized with the Tribunal's headquarters agreement. Several speakers said that the draft protocol should be expeditiously completed, so that it could be adopted along with the headquarters agreement.

Articles of the draft protocol, which is summarized in the report of the Preparatory Committee (document LOS/PCN/152/Vol.1), elaborate the juridical personality of the Tribunal and the immunity of its property, assets and funds; archives; exemptions from taxes, customs duties and import/export restrictions; taxation; and freedom from currency restrictions.

Other articles deal with members and ad hoc members of the Tribunal; officials; agents representing parties; witnesses, experts and persons performing missions; respect for law and regulations; waivers; laissez-passer; freedom of movement; security; cooperation with the authorities of States parties and the settlement of disputes.

In connection with the discussion, United Nations Legal Counsel Hans Corell responded to several questions put forward by delegates.

Also this morning, the Legal Counsel presented a draft initial budget for the International Tribunal for the Law of the Sea for the period from August 1996 to December 1997. He said that during that phase, the Tribunal would be established and become operational. Foremost among the criteria for preparing a draft budget was the question of cost-effectiveness, which needed to be applied to all aspects of the work of the Tribunal.

The draft budget was based on an evaluation of relevant international experience, he continued, including the experience of the International Court of Justice and two recently established criminal tribunals. States parties would have to decide on the source of resources from which to meet the budget. Irrespective of that source, the funds for the initial budget must be made available in time to meet the financial implications of the projected activities.

A decision would also have to be made regarding the transition from the services of the Secretariat of the United Nations to the Registry of the Tribunal, he said. In addition to the International Seabed Authority and the International Tribunal for the Law of the Sea, the Commission on the Limits of the Continental Shelf was to be established. The initial election of the members of the Commission should be held as soon as possible, but in any case, within 18 months after the date of entry into force of the Convention. The period of 18 months expired on 16 May 1996.

Finally this morning, the Meeting of States Parties granted observer status to the Law of the Sea Institute of Hawaii.

The representatives of Viet Nam, Iceland, Lebanon, Jamaica, Italy, Greece, India, and Germany participated in the discussion on the draft protocol. Israel and the United Kingdom took part as observers.

The Meeting of States Parties will convene again at a date to be announced.

States Parties - 3 - Press Release SEA/1503 AM Meeting 27 November 1995

Draft initial budget and other administration arrangements

The current Meeting of States Parties had before it the draft initial budget for the International Tribunal for the Law of the Sea covering the period from August 1996 to December 1997 (document SPLOS/WP.1).

The budget provides for total administrative expenses of $6,835,700 for that period. Major budget categories include $2.6 million for annual and special allowances of Members, $2.3 million for established posts, and $835,000 for common staff costs.

The administrative expenses of the Tribunal covering the period from August 1996 to December 1997 do not include start-up costs of operations during the period from April to July 1996, which are estimated at $191,000 with $156,000 of that figure dedicated to staff costs, and $35,000 assigned to the costs of preparatory missions.

The initial budgetary period would comprise a "start-up" phase of the Tribunal, commencing following the election of the Tribunal's 21 Members. The Tribunal is scheduled to convene its first four-week organizational session on 1 October 1996. Two weeks of that session will be set aside for the election of the President and Vice-President, setting up of chambers and committees and other practical internal arrangements. That would be followed by the inauguration of the Tribunal with a formal swearing-in ceremony for the judges, who would resume in executive session for the remaining two weeks.

Once preliminary organization is completed, it is assumed that the Tribunal will enter its first functional phase by January 1998, with its annual workload comprising five to six contentious cases and four to six applications such as those for provisional measures or the prompt release of vessels and crews.

It is also assumed that in the first functional phase, work of the Tribunal's Registry would begin. The Registry, the principal administrative organ of the Tribunal, is expected to comprise a legal division, documentation/archives and linguistic services, and a division of administration and general services.

Also during the preliminary 15-month organizational phase, the judges would organize the work of the Tribunal, elect officials from among themselves, make the necessary administrative arrangements and appoint an Acting Registrar. Arrangements would be made for a small nucleus of staff to service the meetings of the judges and to organize the Registry. The judges would also have to adopt the Rules of the Tribunal; formulate the terms and conditions of service for the officials and staff of the Registry; organize

States Parties - 4 - Press Release SEA/1503 AM Meeting 27 November 1995

procedures for dealing with cases, budget, accounts, administration and personnel; elect a Registrar; and appoint a deputy.

During that period the Registry would also have to carry out its internal administrative organization and recruitment, while giving effect to the personnel, budgetary and accounting arrangements that are adopted.

Remuneration for the Members of the International Tribunal will not exceed the $145,000 net received by the Judges of the International Court of Justice, according to the draft budget. The maximum annual amount of subsistence allowance, which is paid for each day that a judge attends meetings at the seat of the Tribunal, would be $50,000.

Annexes to the report detail annual allowances for Tribunal Members, post requirements for the Registry, Registry staffing levels and designations during the start-up phase, staffing levels and designations during the functional phase, the distribution of Registry staff, post requirements of the Registry during the period from August 1996 to December 1997, and the administrative expenses of the Tribunal for the period August 1996 to December 1997.

Administrative arrangements and financial implications of the International Tribunal for the Law of the Sea are outlined in Volume I of the Report of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea (document LOS/PCN/152). The report of the 15 to 19 May Meeting of States Parties (document SPLOS/4) is also before the present session.

States Parties

As of 24 October, ratifications, accessions or successions to the Convention had been deposited with the Secretary-General by the following 81 States: Angola, Antigua and Barbuda, Australia, Austria, Bahamas, Bahrain, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Cameroon, Cape Verde, Comoros, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Djibouti, Dominica, Egypt, Federated States of Micronesia, Fiji, Gambia, Germany, Ghana, Greece, Grenada, Guinea, Guinea-Bissau, Guyana, Honduras, Iceland, India, Indonesia, Iraq, Italy, Jamaica, Kenya, Kuwait, Lebanon, Mali, Malta, Marshall Islands, Mauritius, Mexico, Namibia, Nigeria, Oman, Paraguay, Philippines, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Singapore, Slovenia, Somalia, Sri Lanka, Sudan, The former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Uganda, United Republic of Tanzania, Uruguay, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia and Zimbabwe.

* *** *