I have been able to vote in favour of the provisional measures prescribed by the Tribunal. However, since I have some reasons that are unstated by the Tribunal, or that differ somewhat from those stated, I wish to make some additional remarks. These will necessarily have to be stated summarily and briefly in view of the extreme time pressure under which the Tribunal has worked in these proceedings.

Jurisdiction

As preconditions for the exercise of its power to prescribe provisional measures under article 290, paragraph 5, of the United Nations Convention on the Law of the Sea, 1982, the International Tribunal for the Law of the Sea must consider that “prima facie the [arbitral] tribunal which is to be constituted would have jurisdiction and that the urgency of the situation so requires”. Such an arbitral tribunal is presently in the process of being constituted by the parties to the dispute under Annex VII to the Convention.