Nauru Ocean Resources Inc v International Seabed Authority - ITLOS Case 34 - Order - 18 July 2026

Country
Year

2026

Summary

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VI. Operative provision (paragraph 216 of the Order)

For these reasons,

THE CHAMBER,

(1) Unanimously,

Prescribes, pending the final decision, the following provisional measures under article 290, paragraph 1, of the Convention:

(a) The Authority shall act in accordance with the relevant legal framework, including rules of due process, in both the procedures for the inquiry mandated by the Council under paragraphs 9 and 10 of the 2025 Council Decision as well as for the extension of the Exploration Contract;

(b) In particular, the Authority shall clarify or provide to NORI the relevant information concerning the procedures for the implementation of paragraphs 9 and 10 of the 2025 Council Decision and the questions posed to NORI so as to enable NORI, engaging in a constructive manner with the Authority, to respond meaningfully to the questions and within a reasonable period of time; and

(c) The Parties shall cooperate and refrain from any action that might lead to aggravating the dispute.

(2) Unanimously,

Decides that NORI and the Authority shall each submit to the Chamber the initial report referred to in paragraph 214 not later than 31 August 2026, and authorizes the President of the Chamber, after that date, to request such information from the Parties as he may consider appropriate.

(3) Unanimously,

Decides that each Party shall bear its own costs for the present proceedings.

Judges Kittichaisaree and Brown append a declaration to the Order of the Chamber.

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