JURISPRUDENTIAL AND JURISDICTIONAL ASPECTS, APPLICABLE NORMS AND DECISIONS OF THE ARBITRAL TRIBUNALS OF THE LAW OF THE SEA

Resumen

The present work is concentrated on the comparative analysis of the ICJ jurisprudential practice, ITLOS, and of the various arbitral courts conformed to Annex VII relating to the interpretation of the provisions of the relative articles of UNCLOS (253, 283, 287, 288, 294, 298, 300 UNCLOS). The interpretation as we see has not been, through the jurisprudence, until now always uniform and coherent and the increase of the disputes submitted could involve the risk of a fragmentation of the procedural rules of the UNCLOS, also favored by a certain judicial activism that pushes the courts and tribunals to assert their jurisdiction also through a creative and innovative interpretation of procedural rules.