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This Trust Fund ("the Fund") was established in 2000
by the Secretary-General in accordance with General Assembly
resolution 55/7 and pursuant to the Agreement on
Cooperation and Relationship between the United Nations and the
International Tribunal for the Law of
the Sea (“the Tribunal”) of 18 December 1997 (resolution
52/251, annex).
Resolution 55/7 - Oceans and the Law of the Sea noted
with satisfaction the continued contribution of the Tribunal to the
peaceful settlement of disputes in accordance with Part XV of the
Convention, and underlined its important role and authority concerning
the interpretation or application of the United Nations Convention on
the Law of the Sea ("the Convention") and the Agreement relating to
the implementation of Part XI of the Convention. The resolution
further encouraged States parties to the Convention to consider making
a written declaration choosing from the means set out in article 287
for the settlement of disputes concerning the interpretation or
application of the Convention and the Agreement, and invited States to
note the provisions of annexes V, VI, VII and VIII to the Convention
concerning, respectively, conciliation, the Tribunal, arbitration and
special arbitration. Operative paragraph 9 of that resolution
requested the Secretary-General to establish a voluntary trust fund to
assist States in the settlement of disputes through the Tribunal, and
to report annually to the Meeting of States Parties to the Convention
on the status of the fund. According to its
Terms of Reference, the purpose of the Fund is to provide financial
assistance to States parties to the Convention for expenses incurred
in connection with cases submitted, or to be submitted, to the
Tribunal, including its Seabed Disputes Chamber and any other Chamber.
Under the Terms of Reference, assistance should only be provided in appropriate cases, principally
those
proceeding to the merits where jurisdiction is not an issue, but in
exceptional circumstances may be provided for any phase of the
proceedings. The
terms of reference also provide for a List of offers of professional
assistance which may be made suitably qualified persons or
bodies. |
Terms of Reference,
Guidelines and Rules (The Terms of Reference are annexed
to resolution 55/7 of 30 October 2000 (Annex I)).