The Legal Basis of the Advisory Function of the International Tribunal for the Law of the Sea as A Full Court: An Unresolved Issue

Under the present provisions of the LOS Convention and the ITLOS Statute, there is no legal basis for the advisory function of the ITLOS as a full court. And the subsequent practice and implied powers doctrine can not provide legal basis for the ITLOS in this respect either. The ITLOS may acquire the advisory function through the amendment of its Statute by the states parties to the LOS Convention. Furthermore, the advisory jurisdiction provided for in article 138 of the ITLOS Rules is not appropriate, for it can be used by states to request opinions as regards the controversy or even disputes between them.