Experts before ITLOS: An overview of the Tribunal's practice

Abstract

The article clarifies the notion of the expert, observing that, in proceedings before the International Tribunal for the Law of the Sea ('Tribunal' or ITLOS), parties have made extensive use of expert evidence. The Tribunal's Rules contain provisions to safeguard the impartiality and credibility of expert statements and to enable the Tribunal to play an active role in dealing with expert evidence. The function of the Tribunal in promoting impartial and credible expert statements is illustrated. These examples refer inter alia to the power of the Tribunal to assess the relevance-and thus admissibility- of expert statements, the need to avoid confusion between expert and party representative, the use of 'voir dire' in international proceedings, and the pro-active role the Tribunal may play in ensuring disclosure of relevant information. Thus, although the main responsibility of providing evidence lies with parties, the Tribunal may, under its Rules, play a useful role in ensuring that facts are based on reliable evidence.