Disputes Involving Scientific and Technical Matters and the International Tribunal for the Law of the Sea

Many provisions of the United Nations Convention on the Law of the Sea make reference to scientific evidence, knowledge, information or methods, and incorporate scientific or technical terms. It is therefore no surprise that disputes concerning the interpretation or application of the Convention, or requests for an advisory opinion on a legal question arising from the Convention, frequently involve complex issues of science and technology. This may be expected to increase in light of new scientific and technical knowledge and changing circumstances in the law of the sea. This Chapter addresses the practice of the International Tribunal for the Law of the Sea in coping with scientific and technical disputes. It furthermore describes the available means, under the Convention and the Statute and Rules of the Tribunal, of dealing with such disputes, in particular the use of experts. In this regard, the Chapter highlights the possibility, provided in article 289 of the Convention, to select scientific or technical experts to sit with the relevant court or tribunal but without the right to vote.