Le Tribunal international du droit de la mer et l'éthique « fonctionnelle »

This article explores whether an international judicial body may be said to possess an ethical dimension as an institution, distinct from the individual ethical duties of its judges and officials. Focusing on the International Tribunal for the Law of the Sea (ITLOS), the contribution develops the concept of a “functional ethics” of international adjudication, understood as the pursuit of the common good through the proper exercise of judicial functions. The analysis examines three aspects of ITLOS’s activity: the exercise of contentious jurisdiction, characterized by a strong sense of responsibility in ensuring the peaceful settlement of disputes and preventing their aggravation; the exercise of advisory jurisdiction, marked by a service-oriented approach aimed at assisting requesting bodies through legal clarification; and the Tribunal’s broader “constitutional role” within the legal order for the seas and oceans established by the United Nations Convention on the Law of the Sea. The article highlights the protection and preservation of the marine environment as a central value guiding ITLOS’s jurisprudence and concludes that functional ethics constitutes an institutional and collective dimension of international adjudication.