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Access to International Justice: A Review of the Trust Funds Available for Law of the Sea-Related Disputes

Access to International Justice: A Review of the Trust Funds Available for Law of the Sea-Related... <jats:sec><jats:title>Abstract</jats:title><jats:p>The International Court of Justice, the Permanent Court of Arbitration and the International Tribunal for the Law of the Sea all have trust funds to assist States with limited financial resources to defray the costs of litigation. This article reviews these funds, in particular their conditions for eligibility and apparent success (in attracting contributions and requests for financial assistance). The author further considers the argument that developing States have been denied access to international justice for reasons of cost. Even though recent trends would indicate that this is not the case, there are nevertheless a large number of small States with very limited financial resources facing potentially complex Law of the Sea-related disputes for which these trust funds will be instrumental in facilitating international litigation. For this reason alone, it is important that if these trust funds are to be maintained grants made from them should realistically reflect the costs likely to be incurred in international legal proceedings.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

Access to International Justice: A Review of the Trust Funds Available for Law of the Sea-Related Disputes

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
DOI
10.1163/092735208X272283
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>The International Court of Justice, the Permanent Court of Arbitration and the International Tribunal for the Law of the Sea all have trust funds to assist States with limited financial resources to defray the costs of litigation. This article reviews these funds, in particular their conditions for eligibility and apparent success (in attracting contributions and requests for financial assistance). The author further considers the argument that developing States have been denied access to international justice for reasons of cost. Even though recent trends would indicate that this is not the case, there are nevertheless a large number of small States with very limited financial resources facing potentially complex Law of the Sea-related disputes for which these trust funds will be instrumental in facilitating international litigation. For this reason alone, it is important that if these trust funds are to be maintained grants made from them should realistically reflect the costs likely to be incurred in international legal proceedings.</jats:p> </jats:sec>

Journal

The International Journal of Marine and Coastal Law – Brill

Published: Jan 1, 2008

Keywords: INTERNATIONAL COURT OF JUSTICE; PERMANENT COURT OF ARBITRATION; TRUST FUNDS; LEGAL AID; ACCESS TO JUSTICE; INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

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