The International Tribunal for the Law of the Sea in 2013
During 2013 the International Tribunal for the Law of the Sea handed out a judgment on the merits concerning the M/V Louisa (Saint Vincent and the Grenadines v. Spain) case (28 May) deciding that the Tribunal lacked jurisdiction and containing important statements on jurisdiction and abuse of rights. Of particular interest are statements concerning the non-existence of a dispute as regards the alleged violations of Articles 73, 87, 225, 227 and 303 of UNCLOS, and those about the notion of a new claim presented during proceedings. On 22 November a Provisional Measures Order on the Arctic Sunrise (The Netherlands v. The Russian Federation) case was adopted. It contains statements on failure of a state to appear in a case and on the posting on bonds in a provisional measures case. Noteworthy is also the analysis of the peculiar declaration made by Russia under article 298 of UNCLOS, which the Tribunal considered such as not to exclude its jurisdiction.
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