[News Terms] Third Korean Judge Candidate for the International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea (ITLOS) is a judicial body established in 1996 under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to handle maritime disputes within the international community.
It deals with issues such as maritime boundaries, fishing rights, marine environmental protection, ship seizures, and exclusive economic zone (EEZ) disputes. ITLOS operates as an independent judicial institution under the responsibility of its President, who is Judge Albert Hoffmann from the Republic of South Africa. The Tribunal is located in Hamburg, Germany.
The main gate of the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany.
[Photo by ITLOS website]
As a court of first and only instance, ITLOS proceedings only commence after the disputing states commit to abide by the court’s decision. Cases are heard either when parties mutually agree to submit a dispute or when one state unilaterally files a case and the respondent state consents to the jurisdiction.
Twenty-one judges are elected by the States Parties to the UNCLOS for a nine-year term, with the possibility of re-election. Judges enjoy diplomatic privileges and immunities during their tenure and retain the right to participate in their home country’s judicial processes.
South Korea has actively participated in ITLOS due to issues such as the territorial sovereignty over Dokdo. The late Judge Park Chun-ho served from 1996 until November 2008. Following his passing, Judge Baek Jin-hyun was elected in a by-election and has served since March 2009. Judge Baek was elected President of the Tribunal in October 2017 and served until October 2020. Additionally, Secretary-General Kim Doo-young held the position from June 2002 to June 2017.
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On the 14th (local time), the 33rd Meeting of the States Parties to the UNCLOS will be held at the United Nations Headquarters in New York, where an election for ITLOS judges will take place. Lee Ja-hyung, Director-General of the Ministry of Foreign Affairs’ International Legal Affairs Bureau, is a candidate and is considered a strong contender, potentially becoming the third Korean judge to be elected.
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