M/V Virginia G

Abstract

International tribunals — Jurisdiction — International Tribunal for the Law of the Sea — Special Agreement — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Articles 286, 287 and 288 of UNCLOS — Article 21 of Statute of Tribunal — Admissibility — Objections to admissibility — Preclusions from raising objections in special agreement — Time limit — Single-phase proceedings — Article 97(1) of Rules of Tribunal — Requirement of a genuine link — Article 91(1) of UNCLOS — Nationality of claims — Whether exhaustion of local remedies rule applying where State’s rights directly injured — Article 295 of UNCLOS

Sea — Exclusive economic zone — Navigation — Rights of regulation of coastal State — Whether coastal States having competence to regulate bunkering in their exclusive economic zones — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Articles 56(1), 58 and 62(4) of UNCLOS — Boarding, inspection and arrest of vessel as enforcement measures — Confiscation as enforcement measure — Necessity — Reasonableness — Mitigating factors — Article 73(1) — Prompt release — Article 73(2) — Whether confinement of crew and holding of passports amounting to imprisonment — Article 73(3) — Notification of detention and arrest of vessel — Article 73(4) — Whether principles could be derived from Articles 110 and 224 — Excessive force in enforcement measures — Endangering safety of navigation, creating hazards to vessels, exposure of unreasonable risks to marine environment — Whether Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 applicable — Abuse of rights — Application of Article 300 of UNCLOS

State responsibility — Compensation for damage and losses relating to value of confiscated gas oil — Compensation for cost of repairs in respect of some damages — Compensation for loss of profit not awarded — Causal nexus — Interest

Treaties — Interpretation — United Nations Convention on the Law of the Sea, 1982