Disputes referred to the International Tribunal for the Law of the Sea (Itlos), or one of its chambers, can now be heard in Singapore, under an agreement signed yesterday.
The model agreement sets out the terms and conditions to enable Itlos or one of its chambers to sit and exercise its functions in Singapore, the first country in the world to play this role.
During a virtual ceremony conducted via a video call yesterday, Itlos president Jin-Hyun Paik and Singapore Law and Home Affairs Minister K. Shanmugam signed letters for the adoption of the model agreement.
Tribunal registrar Ximena Hinrichs Oyarce and Singapore Senior Minister of State for Law and Health Edwin Tong witnessed the signing. Itlos signed the agreement in Hamburg, Germany, while Mr Shanmugam and Mr Tong were in Singapore.
This comes after a 2015 joint declaration between Singapore and Itlos, which expressed support for the country as a venue for the tribunal to carry out its functions.
Since then, several rounds of negotiations have been held between Singapore's Ministry of Law and the Registry of Itlos on the terms and conditions of the model agreement signed yesterday.
Itlos is an independent judicial body established by the 1982 United Nations Convention on the Law of the Sea (Unclos) to hear any dispute relating to Unclos. It is based in Hamburg, but has the ability to sit and exercise its function wherever it considers desirable.
Yesterday, Judge Paik thanked the Singapore Government for its cooperation over the past few years. He said the agreement is "a particularly welcome development as this initiative was spearheaded by an Asian state, since traditionally the states of this region have been perceived to be rather reluctant with respect to international adjudication".
"Hopefully, this model agreement will help pave the way for more Asian states to seek recourse to Itlos for the settlement of their law of sea-related disputes," he said. He also urged states from other regions in the world, such as Latin America and Africa, to consider making similar arrangements with the tribunal.
"It is my own belief that having a network of model agreements extending to various regions will help lower the barrier for many states to avail themselves to the service of the tribunal, thus promoting the peaceful settlement of international disputes," he said.
Meanwhile, Mr Shanmugam said Singapore is honoured to have the opportunity to host Itlos hearings and contribute to its work. "It reflects Singapore's position as a neutral location, as a strong proponent of the international rule of law framework, (and) commitment to peaceful settlement of disputes..."
PAVING THE WAY
Hopefully, this model agreement will help pave the way for more Asian states to seek recourse to Itlos for the settlement of their law of sea-related disputes.
JUDGE JIN-HYUN PAIK, president of the International Tribunal for the Law of the Sea.
SIGNIFICANT OPPORTUNITY
It reflects Singapore's position as a neutral location, as a strong proponent of the international rule of law framework, (and) commitment to peaceful settlement of disputes...
SINGAPORE LAW AND HOME AFFAIRS MINISTER K. SHANMUGAM
