ITLOS and the Saga of the Saiga: Peaceful Settlement of a Law of the Sea Dispute

in The International Journal of Marine and Coastal Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

The Saiga No. 2 case was the first judgment on the merits by the International Tribunal for the Law of the Sea, and the final phase of a dispute with a complicated procedural history, using several of the provisions of Part XV of the LOS Convention. The case raised a number of procedural and evidentiary issues, relating to the presentation of witnesses, the burden of proof and the standard of proof. It clarified the meaning of "genuine link", confirmed the law on hot pursuit, settled the law on use of force in the arrest of foreign vessels, and made clear that coastal states did not enjoy customs jurisdiction in the EEZ, while leaving aside the question of jurisdiction over offshore bunkering. The Tribunal is to be commended for not permitting technical issues to prevent it from doing justice in the case.

ITLOS and the Saga of the Saiga: Peaceful Settlement of a Law of the Sea Dispute

in The International Journal of Marine and Coastal Law

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 4 4 3
Full Text Views 41 41 32
PDF Downloads 8 8 4
EPUB Downloads 0 0 0