Agreement between Germany and the International Tribunal for the Law of the Sea regarding the Headquarters of the Tribunal

Concluded on 14 December 2004, the Agreement establishes the Headquarters of the Tribunal in Germany and regulates the Tribunal legal status, privileges and immunity in the Host Country.

In accordance with its juridical personality the Tribunal has, in particular, the capacity: (a) to contract; (b) to acquire and dispose of movable and immovable property; (c) to institute legal proceedings (Article 2).

The Tribunal shall enjoy immunity from legal process, except insofar as in any particular case it has expressly waived its immunity (Article 8, par 1).

The Members and the Registrar of the Tribunal, or any official acting as Registrar during his or her absence from duty, shall enjoy the same privileges, immunities, facilities and prerogatives as are accorded by the host country to the heads of diplomatic missions accredited to the host country; other officials of the Tribunal and experts shall enjoy the same privileges, immunities and facilities as are accorded by the host country to members of comparable rank of diplomatic missions established in the host country (Articles 19 and 21).

The right and the duty to waive the immunity of witnesses, officials and experts and persons performing missions referred to in article 22, who are not diplomatic agents, shall lie with the Tribunal, after hearing the individual concerned, where, in its opinion, the immunity is not directly related to or incidental to the performance of official functions and would impede the course of justice and it can be waived without prejudice to the administration of justice by the Tribunal and the purpose for which the immunity is accorded (Article 24).

The Tribunal shall cooperate at all times with the competent authorities to facilitate to the extent possible the proper administration of justice, secure the observance of police regulations and prevent any abuse of the privileges, immunities and facilities. If the Government considers that there has been an abuse of privilege or immunity conferred by this Agreement, consultations will be held between the competent authorities and the President of the Tribunal to determine whether any such abuse has occurred and, if so, to attempt to ensure that no repetition occurs. If such consultations fail to achieve a result satisfactory to the Government and to the Tribunal, either party may submit the question as to whether such an abuse has occurred for resolution in accordance with the provisions on settlement of disputes under article 33 (Article 29).

The Tribunal shall make suitable provision for the satisfactory settlement of: (a) disputes arising out of contracts and other disputes of a private law character to which the Tribunal is a party; b) disputes involving any person within the scope of article 29, paragraph 3, who by reason of his or her official position enjoys immunity, if immunity has not been waived in accordance with article 24.