An egregious breach was committed by Guinea in its Decree of 1964 which purported to establish a single straight baseline of 120 n.m. enclosing its entire coastline (see Fig. 5.14). The Guinean coastline is somewhat indented in localities, but it certainly does not pass muster under any interpretation of the “deeply indented and cut into” language of Article 4 (LOSC Article 7). To view Sene Island in the north and Tamara Island in the south as together constituting an island fringe is also to misapprehend that requirement as it is used in the Convention. The islands have no spatial relationship to one another nor are they within 12 n.m. of the coast. Having failed to meet either geographical test under Article 4(1) (LOSC Article 7(1)), it hardly mattered that the baseline followed the general direction of the coast.
STATE CLAIMS IN VIOLATION OF ARTICLE 4 (LOSC ARTICLE 7), Guinea case, Guinea, Guinea-Bissau, Guinean coastline, maritime boundary, north and Tamara Island, straight baseline
Tag: Guinea
The M/V “Virginia G” Case (Panama/Guinea-Bissau)
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.
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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.
View More The “Juno Trader” Case (Saint Vincent and the Grenadines v. Guinea-Bissau), Prompt ReleaseThe M/V “SAIGA” (No. 2) Case (Saint Vincent and the Grenadines v. Guinea)
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.
View More The M/V “SAIGA” (No. 2) Case (Saint Vincent and the Grenadines v. Guinea)The M/V “SAIGA” Case (Saint Vincent and the Grenadines v. Guinea), Prompt Release
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.
View More The M/V “SAIGA” Case (Saint Vincent and the Grenadines v. Guinea), Prompt Release