1.

ICJ JURISDICTION

The International Court of Justice performs functions of a world court.1 This Court has

two roles. In jurisdiction in contentious cases, they have the jurisdiction to settle disputes that are

submitted to them by the States. Only States Members of the United Nations and other States

which this court have acquired jurisdiction may be parties to such cases.2 On the other hand, in

advisory jurisdiction, the court renders advisory opinions on legal questions requested by the

States of United Nations, specialized agencies or one related organization with the authority to

make such a request.3 However, these opinions are not generally binding.4

In this case, both Ridley and Aldabra are members of United Nations and both are

parties to several conventions such as United Nations Framework Convention on Climate

Change and Vienna Convention on the Law of Treaties. Since Aldabra submitted a dispute with

regard to

2. PORT STATE/FLAG STATE

Port state jurisdiction is a jurisdiction enforced against foreign vessels in a certain

port.5 International Law has recognized that port states have the authority to inspect vessels

1
International Court of Justice,( https://www.icj-cij.org/en/jurisdiction) at 16 September 2019.
2
International Court of Justice, (https://www.icj-cij.org/en/how-the-court-works) at 16 September 2019.
3
Id.
4
International Justice Resource Center, (https://ijrcenter.org/universal-tribunals-treaty-bodies-and-
rapporteurs/international-court-of-justice/) at 16 September 2019.
5
EJ Molenaar, ‘Port State Jurisdiction’ (2009) Max Planck Encyclopaedia of Public International Law, at para. 1.
entering their ports or visiting their internal waters in order to protect the marine environment.6

On the other hand, flag state jurisdiction is the jurisdiction exercised by a state whose flag the

ship flies and is entitled to do so under United Nations Convention on the Law of the Seas over

that said ship.7 Under Article 94 of the UNCLOS, every State shall effectively exercise its

jurisdiction and control in administrative, technical and social matters over ships flying its flag.8

6
The Antarctic and Southern Ocean Coalition, Port State Jurisdiction: An Appropriate International Law Mechanism
to Regulate Vessels Engaged in Antarctic Tourism (2002), (available at
https://www.asoc.org/storage/documents/Meetings/ATCM/XXVI/ip-44portstate.pdf) at 16 September 2019, page
1.
7
GK Walker, Definitions for the Law of the Sea: Terms Not Defined by the 1982 Convention (Martinus Nijhoff
Publishers, Leiden, 2012), at p. 193.
8
United Nations Convention on the Law of the Seas, Art. 94.