ITLOS cases – IILSS-International institute for Law of the Sea Studies

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Legal Aspects of Inter-State Maritime Delimitation in the Eastern Mediterranean Basin

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ITLOS cases Maritime delimitation

Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives)

IILSS 7th December 2019 No Comments delimitation ITLOS maldives maritime boundary mauritius ocean

Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives

ITLOS cases

The M/T “San Padre Pio” Case (Switzerland v. Nigeria), Provisional Measures

IILSS 7th December 2019 No Comments ITLOS nigeria

The M/T “San Padre Pio” Case (Switzerland v. Nigeria), Provisional Measures,

ITLOS cases

Case concerning the detention of three Ukrainian naval vessels (Ukraine v. Russian Federation), Provisional Measures

IILSS 7th December 2019 No Comments law of the sea naval vessels russian federation ukrine

Case concerning the detention of three Ukrainian naval vessels (Ukraine v. Russian Federation), Provisional Measures

ITLOS cases

The M/V “Norstar” Case (Panama v. Italy)

IILSS 7th December 2019 No Comments italy ITLOS Panama

On 17 December 2015, Panama filed an Application with the Tribunal dated 16 November 2015 instituting proceedings against Italy in a dispute between the two States concerning the interpretation and application of the Convention “in connection with the arrest and detention by Italy of M/V Norstar, an oil tanker registered under the flag of Panama”. The case was entered in the list of cases of the Tribunal as Case No. 25.

ITLOS cases

The “Enrica Lexie” Incident (Italy v. India), Provisional Measures

IILSS 7th December 2019 No Comments Enrica Lexie india italy

On 26 June 2015, Italy instituted arbitration proceedings against India under Annex VII to the Convention in a dispute concerning “an incident … involving the M/V Enrica Lexie, an oil tanker flying the Italian flag, and India’s subsequent exercise of jurisdiction over the incident”.

ITLOS cases Maritime delimitation

Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire)

IILSS 7th December 2019 No Comments atlantic atlantic ocean chana Ghana/Côte d'Ivoire ITLOS ocean

During consultations held by the President of the Tribunal with representatives of Ghana and Côte d’Ivoire on 2 and 3 December 2014, a special agreement was concluded between the two States on 3 December 2014 to submit the dispute concerning the delimitation of their maritime boundary in the Atlantic Ocean to a special chamber of the Tribunal to be formed pursuant to article 15, paragraph 2, of the Statute. An original copy of the special agreement was delivered to the Registry on 3 December 2014, which constituted the notification required under article 55 of the Rules. The case was entered in the Tribunal’s list of cases as Case No. 23.

ITLOS cases

The Arctic Sunrise Case (Kingdom of the Netherlands v. Russian Federation), Provisional Measures

IILSS 7th December 2019 No Comments arctic sunrise case digest arctic sunrise case pdf arctic sunrise case summary Greenpeace Arctic Sunrise ship case ITLOS itlos cases netherlands russia russian federation The Arctic Sunrise Arbitration The Arctic Sunrise Arbitration and Acts of Protest at Sea The Arctic Sunrise Case The Russian Federation and the Arctic Sunrise Case Where was the Arctic Sunrise case settled?Who are the parties to the dispute in the Arctic Sunrise arbitration?

On 4 October 2013, the Netherlands instituted arbitral proceedings, under annex VII to the Convention, against the Russian Federation in a dispute concerning the “boarding and detention of the vessel Arctic Sunrise in the exclusive economic zone of the Russian Federation and the detention of the persons on board the vessel by the authorities of the Russian Federation”.

ITLOS cases

Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission (SRFC)

IILSS 7th December 2019 No Comments ITLOS SRFC Sub-Regional Fisheries Commission (SRFC)

The Sub-Regional Fisheries Commission is a regional fisheries organization composed of seven member States: Cabo Verde, Gambia, Guinea, Guinea-Bissau, Mauritania, Senegal and Sierra Leone. During its fourteenth session (27-28 March 2013), the Conference of Ministers of the Sub-Regional Fisheries Commission adopted a resolution by which it decided, in accordance with article 33 of the Convention on the Determination of the Minimal Conditions for Access and Exploitation of Marine Resources within the Maritime Areas under Jurisdiction of the Member States of the Sub-Regional Fisheries Commission, of 2012, to authorize the Permanent Secretary of the Commission to seize the Tribunal in order to obtain its advisory opinion on the following matters:

ITLOS cases

The “ARA Libertad” Case (Argentina v. Ghana)

IILSS 7th December 2019 No Comments argentina ghana ITLOS law of the sea The “ARA Libertad” Case

On 14 November 2012, Argentina filed with the Tribunal a request for the prescription of provisional measures under article 290, paragraph 5, of the Convention in a dispute concerning “the detention by Ghana […] of the warship ‘ARA Fragata Libertad’”. The case was entered into the Tribunal’s list of cases as Case No. 20.

ITLOS cases

The M/V “Virginia G” Case (Panama/Guinea-Bissau)

IILSS 7th December 2019 No Comments Guinea Guinea-Bissau ITLOS Panama The M/V "Virginia G" Case

On 4 July 2011, proceedings were instituted before the Tribunal through the notification of a special agreement in a dispute concerning the vessel Virginia G. By a letter dated 4 July 2011, the Agent of Panama notified the Tribunal of a special agreement concluded by exchange of notes, dated 29 June and 4 July 2011, between the Republic of Panama and the Republic of Guinea-Bissau, respectively, to submit to the Tribunal a dispute concerning the vessel Virginia G. The case was entered in the list of cases as Case No. 19.

ITLOS cases

The M/V “Louisa” Case (Saint Vincent and the Grenadines v. Kingdom of Spain)

IILSS 7th December 2019 No Comments ITLOS louisa case saint vincent Saint Vincent and the Grenadines spain The M/V "Louisa" Case

On 24 November 2010, Saint Vincent and the Grenadines instituted proceedings before the Tribunal against Spain in a dispute concerning the arrest of the M/V Louisa. The Application instituting proceedings included a request for the prescription of provisional measures under article 290, paragraph 1, of the Convention. The case was entered in the Tribunal’s list of cases as Case No. 18.

ITLOS cases

Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area (Request for Advisory Opinion submitted to the Seabed Disputes Chamber)

IILSS 7th December 2019 No Comments advisory opinion ITLOS responsibilities responsibility seabed disputes chamber

On 6 May 2010, the Council of the International Seabed Authority adopted decision ISBA/16/C/13, in which, in accordance with article 191 of the Convention, it requested the Seabed Disputes Chamber of the Tribunal to render an advisory opinion on the following questions: What are the legal responsibilities and obligations of States parties to the Convention with respect to the sponsorship of activities in the Area in accordance with the Convention, in particular part XI, and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982?
What is the extent of liability of a State party for any failure to comply with the provisions of the Convention, in particular part XI, and the 1994 Agreement, by an entity whom it has sponsored under article 153, paragraph 2(b), of the Convention?
What are the necessary and appropriate measures that a sponsoring State must take in order to fulfil its responsibility under the Convention, in particular article 139 and annex III, and the 1994 Agreement?

ITLOS cases Maritime delimitation

Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar)

IILSS 7th December 2019 No Comments bangladesh bay bengal delimitation ITLOS maritime myanmar What are the stages of maritime boundary in Bangladesh?What is blue economy in Bangladesh?What is the area of Bay of Bengal owned by Bangladesh?When did Bangladesh win the maritime dispute with Myanmar?When did the United Nations decided to determine the maritime boundaries of Bangladesh?Which area of Sea lies to the south of Bangladesh?Why do you think Bangladesh avoided negotiating maritime boundary with Myanmar for a long time?

On 14 December 2009, proceedings were instituted before the Tribunal in relation to the delimitation of the maritime boundary in the Bay of Bengal between Bangladesh and Myanmar.

ITLOS cases

The “Tomimaru” Case (Japan v. Russian Federation), Prompt Release

IILSS 7th December 2019 No Comments itlos cases Japan russia russian federation The “Tomimaru” (Japan v. Russian Federation)The "Tomimaru" Case tomimaru

On 6 July 2007, an Application under article 292 of the Convention was filed by Japan against the Russian Federation concerning the release of the fishing vessel Tomimaru. The Application was entered in the list of cases as Case No. 15.

ITLOS cases

The “Hoshinmaru” Case (Japan v. Russian Federation), Prompt Release

IILSS 7th December 2019 No Comments hoshinamaru ITLOS Japan russia russian federation The "Hoshinmaru" Case

On 6 July 2007, an Application under article 292 of the Convention was filed by Japan against the Russian Federation concerning the release of the fishing vessel Hoshinmaru and its crew. The Application was entered in the list of cases as Case No. 14.

ITLOS cases

The “Juno Trader” Case (Saint Vincent and the Grenadines v. Guinea-Bissau), Prompt Release

IILSS 7th December 2019 No Comments grenadines Guinea Guinea-Bissau ITLOS Saint Vincent and the Grenadines The "Juno Trader" Case

On 18 November 2004, an Application under article 292 of the Convention was filed on behalf of Saint Vincent and the Grenadines against Guinea-Bissau for the release of the vessel Juno Trader, flying the flag of Saint Vincent and the Grenadines, and its crew. The Application was entered in the list of cases as Case No. 13.

ITLOS cases

Case concerning Land Reclamation by Singapore in and around the Straits of Johor (Malaysia v. Singapore), Provisional Measures

IILSS 7th December 2019 No Comments ITLOS johor singapore strait Straits of Johor

On 5 September 2003, a Request for the prescription of provisional measures, pending the constitution of an arbitral tribunal under Annex VII to the Convention, was filed with the Registry of the Tribunal by Malaysia pursuant to article 290, paragraph 5, of the Convention in a dispute concerning land reclamation by Singapore in and around the Straits of Johor. The Request was accompanied by a copy of a document dated 4 July 2003, instituting arbitral proceedings against Singapore. The Request was entered in the list of cases as Case No. 12.

ITLOS cases

The “Volga” Case (Russian Federation v. Australia), Prompt Release

IILSS 7th December 2019 No Comments Australia ITLOS russia The "Volga" Case volga

On 2 December 2002, an Application under article 292 of the Convention was filed by the Russian Federation against Australia for the release of the vessel Volga, flying the flag of the Russian Federation. The Application was entered in the list of cases as Case No. 11.

ITLOS cases

The MOX Plant Case (Ireland v. United Kingdom), Provisional Measures

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On 9 November 2001, a Request for the prescription of provisional measures, pending the constitution of the arbitral tribunal provided for in Annex VII to the Convention, was filed with the Registry of the Tribunal by Ireland, pursuant to article 290, paragraph 5, of the Convention concerning the “dispute” between Ireland and the United Kingdom “concerning the MOX plant, international movements of radioactive materials, and the protection of the marine environment of the Irish Sea”. A copy of a document dated 25 October 2001 instituting arbitral proceedings against the United Kingdom was appended to the Request. Ireland’s Request was entered in the List of cases as Case No. 10.

ITLOS cases

The “Chaisiri Reefer 2” Case (Panama v. Yemen), Prompt Release

IILSS 7th December 2019 No Comments ITLOS law of the sea Panama The "Chaisiri Reefer 2" Case yemen

On 3 July 2001, an Application under article 292 of the Convention was filed on behalf of Panama against Yemen for the prompt release of the Chaisiri Reefer 2, a vessel flying the flag of Panama, its cargo and crew. The case was entered in the list of cases as Case No. 9.

ITLOS cases

The “Grand Prince” Case (Belize v. France), Prompt Release

IILSS 7th December 2019 No Comments belize france ITLOS law of the sea The "Grand Prince" Case

On 21 March 2001, an Application under article 292 of the Convention was filed on behalf of Belize against France for the prompt release of the fishing vessel Grand Prince, flying the flag of Belize. The case was entered in the list of cases as Case No. 8.

ITLOS cases

Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European Union)

IILSS 7th December 2019 No Comments chile european union ITLOS law of the sea

By an exchange of letters dated 18 and 19 December 2000, Chile and the European Community agreed to submit a dispute concerning the conservation and sustainable exploitation of swordfish stocks in the South-Eastern Pacific Ocean to a special chamber of the Tribunal to be formed in accordance with article 15, paragraph 2, of the Statute.By Order dated 20 December 2000, the Tribunal decided to accede to the request of the parties to form a special chamber to deal with the case and determined the composition of the Special Chamber with their approval. The composition of the Special Chamber was as follows: President: P. Chandrasekhara Rao, Members: Judge Hugo Caminos, Judge Alexander Yankov, Judge Rüdiger Wolfrum and Judge ad hoc Francisco Orrego Vicuña. By the same Order, the Tribunal made provision in respect of preliminary objections and for the filing of the written pleadings. The case was entered in the list of cases as Case No. 7.

ITLOS cases

The “Monte Confurco” Case (Seychelles v. France), Prompt Release

IILSS 6th December 2019 No Comments case france ITLOS law of the sea The "Monte Confurco" Case

On 27 November 2000, an Application under article 292 of the Convention was filed on behalf of Seychelles against France concerning the release of the fishing vessel Monte Confurco, flying the flag of Seychelles, and its Master. The case was entered in the list of cases as Case No. 6.

ITLOS cases

The “Camouco” Case (Panama v. France), Prompt Release

IILSS 6th December 2019 No Comments case france ITLOS Panama The "Camouco" Case

On 17 January 2000, an Application under article 292 of the Convention was filed on behalf of Panama against France for the prompt release of the Camouco, a fishing vessel flying the Panamanian flag, and its Master. The case was entered in the list of cases as Case No. 5.

ITLOS cases

Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan), Provisional Measures

IILSS 6th December 2019 No Comments Australia case fish Japan law of the sea New Zealand Southern Bluefin Tuna Cases

On 30 July 1999, a Request for the prescription of provisional measures, pending the constitution of an arbitral tribunal, was filed by facsimile in the Registry of the Tribunal by New Zealand in accordance with article 290, paragraph 5, of the Convention, in a dispute against Japan concerning southern bluefin tuna. The Request was accompanied by a copy of a document dated 15 July 1999, instituting arbitral proceedings against Japan. The Request of New Zealand was entered in the list of cases as Case No. 3.

ITLOS cases

The M/V “SAIGA” (No. 2) Case (Saint Vincent and the Grenadines v. Guinea)

IILSS 6th December 2019 No Comments case grenadines Guinea law of the sea saint vincent Saint Vincent and the Grenadines The M/V "SAIGA" (No. 2) Case

On 13 January 1998, a Request for the prescription of provisional measures, pending the constitution of an arbitral tribunal, was filed in the Registry of the Tribunal by Saint Vincent and the Grenadines in accordance with article 290, paragraph 5, of the Convention. The Request was accompanied by a copy of a Notification submitted by Saint Vincent and the Grenadines to Guinea on 22 December 1997, instituting arbitral proceedings against Guinea in accordance with Annex VII to the Convention.

ITLOS cases

The M/V “SAIGA” Case (Saint Vincent and the Grenadines v. Guinea), Prompt Release

IILSS 6th December 2019 No Comments case Guinea law of the sea Saint Vincent and the Grenadines The M/V "SAIGA" Case

On 13 November 1997, an Application under article 292 of the Convention was filed in the Registry of the Tribunal by Saint Vincent and the Grenadines instituting proceedings against Guinea. The Application dealt with a dispute concerning the prompt release of the M/V Saiga, an oil tanker flying the flag of Saint Vincent and the Grenadines, which was arrested on 28 October 1997 by Guinean customs patrol boats and detained in Conakry, Guinea. The case was entered in the list of cases as Case No. 1.