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

Abstract

International tribunals — Jurisdiction — UNCLOS Articles 286, 287 and 288 — Earlier determination of prima facie jurisdiction in context of provisional measures without prejudice to decision proper on jurisdiction — UNCLOS Article 300 — Doctrine of good faith and the abuse of rights in international law — Capacity of provision to provide an independent basis for claim — New or additional claims must not fundamentally change the nature of the proceeding or must be implicit in the original claim

Sea — Law of the sea — Flag State and nationality of vessels — Vessel cannot be given nationality of another vessel’s flag State as a tender of the latter ship where it conducts operations independently of that ship