M/V Saiga

Abstract

Sea — Exclusive economic zone (“EEZ”) — Arrest of vessel — Law of the Sea Convention, 1982, Articles 292 and 73 — Procedures for ensuring prompt release of vessel — When applicable — Whether arrest linked to enforcement of coastal State's rights in the EEZ — Tanker engaged in refuelling fishing vessels within EEZ — Allegations of smuggling — Whether falling within scope of Article 73 — Right of hot pursuit

International tribunals — International Tribunal for the Law of the Sea — Proceedings under Article 292 of the Law of the Sea Convention — Whether preliminary or incidental proceedings — Whether Tribunal called upon to make definitive rulings on fact or law — Whether sufficient that Applicant State makes out a plausible case — Possibility that case may be heard at a later stage by another international tribunal — Relationship between International Tribunal for the Law of the Sea and domestic courts

Treaties — Interpretation — Principles of interpretation — Law of the Sea Convention, 1982 — Object and purpose — Reference to travaux préparatoires — Whether provision involving restrictions upon coastal State's sovereignty and interference in its judicial process should be restrictively interpreted

Relationship of international law and municipal law — Relationship between international tribunals and domestic courts — International Tribunal for the Law of the Sea — Effect of decisions upon proceedings in national courts — Decision of the Tribunal under Article 292 of the Law of the Sea Convention