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The Arctic Sunrise

Arbitration Tribunal.  26 November 2014 ; 14 August 2015 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Part XV and Annex VII — Dispute settlement mechanism — Arbitration as default choice — Non-appearance by party — Jurisdiction — Scope of declaration excluding disputes concerning law enforcement activities — UNCLOS Articles 297 and 298 — Existence of a dispute — Effect of related proceedings at European Court of Human Rights — UNCLOS Article 283(1) — Exchange of views requirement — Urgency — Judicial standing — State responsibility — Obligations owed by coastal State to flag State — Whether standing of flag State covering claims relating to all persons on board a vessel

Arbitration — Applicable law — UNCLOS Part XV and Annex VII — Dispute settlement mechanism — Applicable law — Whether arbitration tribunal empowered to apply international human rights law — UNCLOS Article 293 — International Covenant on Civil and Political Rights, 1966, Articles 9 and 12 — Arbitrary arrest or detention — Freedom of movement

Arbitration — Costs — UNCLOS Part XV and Annex VII — Dispute settlement mechanism — Non-appearance by party — UNCLOS Annex VII, Article 6 — Obligation to pay deposits requested by arbitration tribunal — Costs and Expenses — Equal allocation of arbitration tribunal expenses between parties

Damages — Restitution — Return of confiscated equipment and items — Compensation — Material damage for vessel repairs and lost earnings — Material damage for bail and security — Material damage for unpaid deposits to arbitration tribunal — Non-material damage for wrongful arrest, prosecution and detention of persons — Quantum of compensation deferred

Environment — Marine pollution — UNCLOS Article 221 — Law enforcement measures — Measures must be reasonable and proportionate to expected or actual harm — Requirement of major harmful consequence

Human rights — Treaties — International Covenant on Civil and Political Rights, 1966, Articles 9 and 12(2) — Freedom from arbitrary arrest or detention — Freedom of movement — Right to leave country

International tribunals — International Tribunal for the Law of the Sea — Provisional measures — State responsibility for failure to comply with provisional measures — Prompt release — Requirement to act promptly — UNCLOS Article 300 — Breach of obligation to act in good faith

Sea — Exclusive economic zone — Rights and duties within the exclusive economic zone — UNCLOS Articles 56(2), 58(1) and (2) — Freedom of navigation — UNCLOS Articles 87(1)(a) and 92(1) — Artificial islands, installations and structures within exclusive economic zone and on continental shelf — UNCLOS Article 60(5) — UNCLOS Article 80 — Requirements of safety zones — UNCLOS Articles 56(2), 58(1) and (2), 87(1)(a) and 92(1) — Law enforcement measures — Grounds to impede freedom of navigation — UNCLOS Article 110 — Right of visit — Right of seizure — Piracy — Hooliganism — Terrorism — Risk of environmental harm — UNCLOS Article 220 — Vessel-source pollution — UNCLOS Article 234 — Regulation of ice-covered areas — Unlawful boarding, seizure and detention of ship — Principle of reasonableness

Sea — Hot pursuit — UNCLOS Article 111 — Violation of coastal State laws and regulations — Auditory or visual signal requirement — Continuity of pursuit requirement — Dangerous manoeuvring — UNCLOS Article 97 — No right to arrest or detain ship

Terrorism — Law enforcement at sea — Right to take preventive action on reasonable suspicion — Right to protect exercise of sovereign rights of the coastal State

Type
Case Report
Copyright
© Cambridge University Press 2018

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