STATES PARTIES TO LAW OF SEA CONVENTION ELECT SEVEN NEW JUDGES TO INTERNATIONAL SEA TRIBUNAL

Meeting of States Parties

to Law of Sea Convention

65^th Meeting (AM)

STATES PARTIES TO LAW OF SEA CONVENTION ELECT SEVEN NEW JUDGES

TO INTERNATIONAL SEA TRIBUNAL

In two meetings today, the States Parties to the United Nations Convention on the Law of the Sea elected seven new judges to the International Tribunal of the Law of the Sea for nine-year terms, beginning 1 October. 

In a special election, the Meeting also named, in one round of secret balloting, Lennox Fitzroy Ballah of Trinidad and Tobago to fill the vacancy left on the Tribunal by the untimely death of Judge Edward A. Laing, whose term was to expire on 30 September.

In the first round of secret balloting for triennial election to the Tribunal, Mr. Ballah and Hugo Caminos of Argentina were elected from the Latin American and Caribbean States.  Jean-Pierre Cot of France and Tullio Treves of Italy were elected from the Western European and Other States Group.  Also during that round, Guangjian Xu of China was also elected.

In the second round of voting, Tafsir Malik Ndiaye of Senegal was elected from the African Group.  In a third round of secret balloting, Alexander Yankov of Bulgaria was elected from the Eastern European Group.

According to Article 4 of the Statute of the Tribunal, members of the Tribunal shall be elected from a list of persons nominated by the States Parties to the Convention.  The regional distribution for the triennial election was as follows:  one seat for the African States Group, one seat for the Asian States Group, one seat for the European States Group, two seats allotted for the Latin American and Caribbean States Group and two seats for the Western European and Other States Group.

Also this morning the States Members unanimously elected four Vice-Presidents for the twelfth Meeting.  The Vice Presidents are:  Allieu Ibrahim Kanu (Sierra Leone), Marco Antonio Suazo (Honduras), Ferry Adamhar (Indonesia), and Markiyan Kulyk (Indonesia).

In other business, Piotr Ogonowski of Poland, Chairman of the Credentials Committee, updated the Meeting on that body’s work thus far.  He said the Committee had held two meetings, chiefly examining the credentials of Parties seeking provisional participation in the Meeting.  For its consideration, the Credentials Committee had before it memoranda by the Secretariat, on among other things, a list of States participating in the twelfth Meeting.  

65^th Meeting (AM)

The International Tribunal, established by the Convention, has exclusive jurisdiction in disputes concerning deep seabed mineral resources, provides advisory opinions when called upon to do so, and may be called upon to prescribe injunctive relief or provisional measures before a case or dispute is to be decided.  The Tribunal is seated in Hamburg, Germany and is composed of 21 members.

The States Members of the Convention on the Law of the Sea will meet again Monday, 22 April to elect the full membership of the Commission on the Limits of the Continental Shelf.

Background

The States Parties to the United Nations Convention on the Law of the Sea met this morning to hold the first of its series of regular elections scheduled for this year -- the triennial election of seven members for new terms to the International Tribunal of the Law of the Sea.  The curricula vitae of candidates for those posts are contained in document SPLOS/78.

In addition, the States Members are expected to hold a special election to fill a vacancy left by the death of Judge Edward A. Laing on 11 September 2001, whose term was to expire on 30 September.  Thus far, one candidate has been put forward for that position -- Lennox Fitzroy Ballah (Trinidad and Tobago).

The International Tribunal, established by the Convention, is one of the dispute-settlement forums to which parties may submit their disputes.  It has exclusive jurisdiction in disputes concerning deep seabed mineral resources, provides advisory opinions when called upon to do so, and may be called upon to prescribe injunctive relief or provisional measures before a case or dispute was to be decided on the merits.  The Tribunal is seated in Hamburg, Germany and is composed of 21 members (judges) elected to nine-year terms.

The Meeting had before it several Conference Room papers and a note by the Secretariat on instructions for elections, regional distribution, and the list of candidates.

The candidates are:  Lennox Fitzroy Ballah (Trinidad and Tobago), Hugo Caminos (Argentina), Moses Chinhengo Hungwe (Zimbabwe), Jean-Pierre Cot (France),Andre Makengo Kisala Mazyambo (Democratic Republic of the Congo), Tafsir Malik Ndiaye (Senegal), Akich Okola (Kenya), Pavliha, Marko (Slovenia), Tulliio Treves (Italy), Guangjian Xu (China), Alexander Yankov (Bulgaria) and Jose Antonio de Barberan Yturriaga (Spain).

The regional distribution for the election will be one seat for the African States Group, one seat for the Asian States Group, one seat for the European States Group, two seats allotted for the Latin American and Caribbean States Group and two seats for the Western European and Other States Group.

Voting

Election to Replace Judge Laing

Number of ballots:                                    134

Number of invalid ballots:                              0

Number of valid ballots:                              134

Number of abstentions:                                  5

Number of Member States voting:                       129

Majority required:                                     86

Number of Votes Obtained:

Elected:  Lennox Fitzroy Ballah (Trinidad and Tobago)       129

Voting Results for Seven Judges to International Tribunal on Law of Sea

First Round of Voting

Number of ballots:                                                134

Number of invalid ballots:                                          7

Number of valid ballots:                                          127

Number of abstentions:                                              0

Number of Member States voting:                                   134

Majority required:                                                 85

Number of Votes Obtained:

Lennox Fitzroy Ballah (Trinidad and Tobago)                       121

Guangjian Xu (China)                                              119

Hugo Caminos (Argentina)                                          117

Jean-Pierre Cot (France)                                          105

Tullio Treves (Italy)                                             105

Tafsir Malik Ndiaye (Senegal)                                      82

Alexander Yankov (Bulgaria)                                        73

Marko Pavliha (Slovenia)                                           49

Jose Antonio de Yturriaga Barberan (Spain)                         44

Akich Okola (Kenya)                                                26

Moses Hungwe Chinhengo (Zimbabwe)                                  10

Andre Makengo Kisala Mazyambo (Democratic Republic of the Congo)    6

(Since the required majority of 85 votes was not obtained by candidates proposed by the African States and Eastern European States, a second round of voting was necessary.)

Before the second round of voting began, the representative of Kenya told the States Members that her delegation disassociated itself from a note by the Council of Ministers of the Organization of African Unity (OAU) that had been circulated earlier.  In that note, the Ministers had endorsed the candidacy of

Mr. Ndiaye of Senegal.  As a member of the OAU, Kenya was unaware of a meeting in which any candidates had been endorsed.

The representative of Senegal said his delegation did not fully understand the allegation made by their Kenyan colleague.  The OAU had circulated a note in which the Bureau supported the Senegalese candidate.  A decision of the OAU Council of Ministers was not something that could be “made up”.

A representative of the OAU then confirmed that at the last meeting of the Council of Ministers a resolution had been adopted concerning the election of all African candidatures, including Mr. Ndiaye.  It was customary to circulate the results of such proceedings prior to elections.  The representative said that Kenya had a representative present at that meeting, so perhaps the existence of the resolution had not been confirmed by her capital.

The representative of Angola said that perhaps the members of the African Group and the OAU could meet outside the current proceeding to resolve that issue. 

The representative of Mauritania shared that view.

Second Round of Voting for African and Eastern European States

Number of ballots:                                          133

Number of invalid ballots:                                    0

Number of valid ballots:                                    133

Number of abstentions:                                        1

Number of Member States voting:                             132

Majority required:                                           88

Number of Votes Obtained:

Elected

Tafsir Malick Ndiaye (Senegal)                              100

Not Elected

Alexander Yankov (Bulgaria)                                  80

Marko Pavliha (Slovenia)                                     51

Akich Okola (Kenya)                                         25

(Since no candidate from the Eastern European States obtained the required majority of 88 votes, a third round of voting was necessary.)

Third Round of Voting for Eastern European States

Number of ballots:                                          130

Number of invalid ballots:                                    0

Number of valid ballots:                                    130

Number of abstentions:                                        1

Number of Member States voting:                             129

Majority required:                                           86

Number of Votes Obtained:

Elected:  Alexander Yankov (Bulgaria)                        90

Not Elected:  Marko Pavliha (Slovenia)                       39

* *** *