Section 172p. 172

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

1. No member of the Tribunal may participate in the

decision of any case in which he has previously taken part

as agent, counsel or advocate for one of the parties, or as

a member of a national or international court or tribunal,

or in any other capacity.

2. If, for some special reason, a member of the Tribunal

considers that he should not take part in the decision of a

particular case, he shall so inform the President of the

Tribunal.

3. If the President considers that for some special reason

one of the members of the Tribunal should not sit in a

particular case, he shall give him notice accordingly.

4. Any doubt on these points shall be resolved by decision

of the majority of the other members of the Tribunal

present.

Article

9.

Consequence

of ceasing to fulfil required

conditions

If, in the unanimous opinion of the other members of the

Tribunal, a member has ceased to fulfil the required

conditions, the President of the Tribunal shall declare the

seat vacant.

Article 10. Privileges and immunities

The members of the Tribunal, when engaged on the

business of the Tribunal, shall enjoy diplomatic privileges

and immunities.

Article 11. Solemn declaration by members

Every member of the Tribunal shall, before taking up his

duties, make a solemn declaration in open session that

he

will

exercise

his

powers

impartially

and

conscientiously.

Article 12. President, Vice-President and Registrar

1. The Tribunal shall elect its President and Vice-President

for three years; they may be re-elected.

2. The Tribunal shall appoint its Registrar and may provide

for the appointment of such other officers as may be

necessary.

3. The President and the Registrar shall reside at the seat

of the Tribunal.

Article 13. Quorum

1. All available members of the Tribunal shall sit; a quorum

of 11 elected members shall be required to constitute the

Tribunal.

2. Subject to article 17 of this Annex, the Tribunal shall

determine which members are available to constitute the

Tribunal for the consideration of a particular dispute,

having

regard

to

the

effective

functioning

of

the

chambers as provided for in articles 14 and 15 of this

Annex.

3. All disputes and applications submitted to the Tribunal

shall be heard and determined by the Tribunal, unless

article 14 of this Annex applies, or the parties request that

it shall be dealt with in accordance with article 15 of this

Annex.

Article 14. Seabed Disputes Chamber

A Seabed Disputes Chamber shall be established in

accordance with the provisions of section 4 of this Annex.

Its jurisdiction, powers and functions shall be as provided

for in Part XI, section 5.

Article 15. Special chambers

1. The Tribunal may form such chambers, composed of

three or more of its elected members, as it considers

necessary

for

dealing

with

particular

categories

of

disputes.

2. The Tribunal shall form a chamber for dealing with a

particular dispute submitted to it if the parties so request.

The composition of such a chamber shall be determined

by the Tribunal with the approval of the parties.

3. With a view to the speedy dispatch of business, the

Tribunal shall form annually a chamber composed of five

of its elected members which may hear and determine

disputes

by

summary

procedure.

Two

alternative

members shall be selected for the purpose of replacing

members who are unable to participate in a particular

proceeding.

4.

Disputes

shall

be heard and determined by the

chambers provided for in this article if the parties so

request.

5. A judgment given by any of the chambers provided for

in this article and in article 14 of this Annex shall be

considered as rendered by the Tribunal.

Article 16. Rules of the Tribunal

The

Tribunal

shall

frame

rules

for

carrying

out

its

functions.

In

particular

it

shall

lay

down

rules

of

procedure.

Article 17. Nationality of members

1. Members of the Tribunal of the nationality of any of the

parties to a dispute shall retain their right to participate as

members of the Tribunal.

2. If the Tribunal, when hearing a dispute, includes upon

the bench a member of the nationality of one of the

parties,

any

other

party

may

choose

a

person

to

participate as a member of the Tribunal.

3. If the Tribunal, when hearing a dispute, does not

include upon the bench a member of the nationality of

the parties, each of those parties may choose a person to

participate as a member of the Tribunal.

4. This article applies to the chambers referred to in

articles 14 and 15 of this Annex. In such cases, the

President, in consultation with the parties, shall request

specified members of the Tribunal forming the chamber,

as many as necessary, to give place to the members of

the Tribunal of the nationality of the parties concerned,

and, failing such, or if they are unable to be present, to the

members specially chosen by the parties.

5. Should there be several parties in the same interest,

they shall, for the purpose of the preceding provisions, be

considered as one party only. Any doubt on this point

shall be settled by the decision of the Tribunal.

6. Members chosen in accordance with paragraphs 2, 3

and 4 shall fulfil the conditions required by articles 2, 8

and 11 of this Annex. They shall participate in the decision

on terms of complete equality with their colleagues.

Article 18. Remuneration of members

1. Each elected member of the Tribunal shall receive an

annual allowance and, for each day on which he exercises

his functions, a special allowance, provided that in any

year the total sum payable to any member as special

allowance shall not exceed the amount of the annual

allowance.

2. The President shall receive a special annual allowance.

3. The Vice-President shall receive a special allowance for

each day on which he acts as President.

4. The members chosen under article 17 of this Annex,

other than elected members of the Tribunal, shall receive

compensation for each day on which they exercise their

functions.

5. The salaries, allowances and compensation shall be

determined from time to time at meetings of the States

Parties, taking into account the workload of the Tribunal.

They may not be decreased during the term of office.

6. The salary of the Registrar shall be determined at

meetings of the States Parties, on the proposal of the

Tribunal.

7. Regulations adopted at meetings of the States Parties

shall determine the conditions under which retirement

pensions may be given to members of the Tribunal and to

the Registrar, and the conditions under which members

of the Tribunal and Registrar shall have their travelling

expenses refunded.

© Compiled by RGL

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