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

Abstract

Sea — Exclusive economic zone — Rights of coastal State — Rights of flag State –– Articles 58 and 92 of United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”)

International tribunals — Provisional measures — International Tribunal for the Law of the Sea — Arbitral tribunal constituted under Annex VII of United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Provisional measures requested pending constitution of Annex VII tribunal — Article 290(5) of UNCLOS — Prima facie jurisdiction — Admission that Annex VII tribunal had prima facie jurisdiction over some of Switzerland’s claims — Plausibility of applicant’s rights — Rights and duties under International Covenant on Civil and Political Rights, 1966 and the Maritime Labour Convention, 2006 — Article 56(2) of UNCLOS — Irreparable prejudice — Urgency — Whether prejudice to applicant’s rights could be repaired by compensation — Evidence filed by Parties — Humanitarian considerations — Bond — Similarity with prompt release — Report on compliance — Removal of case from List