Resumen de The Use of Experts by the International Tribunal for the Law of the Sea and Annex VII Arbitral Tribunals
Technical and scientific issues do not rarely appear in the case law of International Tribunal for the Law of the Sea (‘ITLOS’ or ‘Tribunal’) or the arbitral tribunals constituted under Annex VII of the United Nations Convention on the Law of the Sea (‘UNCLOS’ or ‘Convention’). The purpose of this chapter is to analyse, assess and discuss the possibilities at the disposal of such adjudicative bodies regarding the participation of experts in the proceedings. The chapter is structured in three sections, which correspond to each one of the general categories of experts that may appear in an international judicial proceeding: party-appointed experts, the assessor-like expert envisaged in Art. 289 UNCLOS, and tribunal-appointed experts. Procedural issues connected with each of these categories are analysed, especially the process of nomination of experts, the function they perform in such proceedings and the issues connected with some basic procedural rights such as transparency, due process and the independence and impartiality. By comparing the use of experts in the two systems of adjudication provided by UNCLOS, some conclusions are sketched.
