The Jurisprudence of the International Tribunal for the Law of the Sea in 2016
The only judgment handed out by the International Tribunal for the Law of the Sea in 2016 concerns the preliminary objections raised by Italy in the M/V Norstar case between Panama and Italy. The judgment of 4 November 2016 rejects all these objections. The case concerned the seizure of a Panama-flagged vessel in a Spanish port, upon request of the Italian authorities in connection with criminal proceedings pending in Italy. The Tribunal found that jurisdiction could be based on Articles 87 and 300 of UNCLOS which, in its view, were “relevant” in the case. Interesting remarks in the judgment concern the notion of international dispute, the “indispensable third party” and exhaustion of local remedies.
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