‘Considerations of Humanity’ in the Jurisprudence of ITLOS and UNCLOS Arbitral Tribunals
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[1] LUISS Guido Carli University
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- Localización: Interpretations of the United Nations Convention on the Law of the Sea by international courts and tribunals / Angela Del Vecchio (ed. lit.), Roberto Virzo (ed. lit.), 2019, ISBN 9783030107727, págs. 421-444
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
This article observes that ‘considerations of humanity’ was previously a notion pertaining exclusively to the field of international humanitarian law and human rights law. Indeed, those branches are two bodies of international law that are closely related to humanity. Notably, their main concern is the respect for and the protection of human dignity which is one of the essential minimum standards of humanity. Consequently, the leitmotiv of humanitarian law and human rights law is a concern for ‘considerations of humanity’, which represent the foundation for the protection of human rights. This article shows, however, that in recent years a new trend has been developing, in accordance with which ‘considerations of humanity’ play an important role outside international human rights law and international humanitarian law. Specifically, it has been demonstrated that there are also numerous references to ‘considerations of humanity’ in the jurisprudence of international courts and tribunals that do not deal with human rights. In particular, analysis shows that they are taken into account by the International Tribunal for the Law of the Sea (ITLOS) whose jurisdiction concerns solely the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS). The same attention is dedicated to ‘considerations of humanity’ in the jurisprudence of the arbitral tribunals established under Annex VII of UNCLOS.
