Noteworthy Court Cases Relating to UNCLOS and the Law of the Sea
Both the International Court of Justice (ICJ), The Tribunal for the Law of the Sea (ITLOS), UNCLOS-arbitration and cases from the previous Permanent Court of International Justice (PCIJ under the UNs predecessor “The United League of Nations”) has applied and interpreted UNCLOS and basic principles on the law of the sea which set guidelines and directions for the development and interpretation which governs the application of UNCLOS today:
North Sea Continental Shelf Cases (1969) – ICJ:
This case involved the delimitation of the continental shelf between Germany, Denmark, and the Netherlands. The ICJ was asked to determine the principles and rules applicable for the delimitation.
The court established that equidistance was not obligatory in delimitation and that equitable principles must guide the process. This case laid the groundwork for equitable principles in maritime boundary delimitation.
Nicaragua v. United States (1986) – ICJ:
Known as the “Nicaragua Case,” it primarily concerned military and paramilitary activities but also addressed issues of jurisdiction and violations of international law at sea.
The ICJ affirmed principles regarding freedom of navigation and non-intervention, reinforcing states’ rights under international law and UNCLOS.
The M/V Saiga (No. 2) Case (1999) – ITLOS
This case concerned the arrest of the vessel M/V Saiga by Guinea for alleged customs violations.
ITLOS emphasized the right of ships to navigate freely and the obligation of states to promptly release vessels upon posting a bond. It reinforced the principle of exclusive flag state jurisdiction on the high seas.
The Southern Bluefin Tuna Cases (1999) – ITLOS:
Australia and New Zealand brought cases against Japan regarding overfishing of southern bluefin tuna.
ITLOS granted provisional measures, stressing the need for conservation and sustainable management of marine resources. This case highlighted ITLOS’s role in urgent marine conservation issues.
The South China Sea Arbitration (Philippines v. China, 2016) – Arbitration under UNCLOS:
The Philippines challenged China’s claims and activities in the South China Sea, particularly its “nine-dash line” claim.
The tribunal invalidated China’s extensive claims, emphasizing UNCLOS provisions on maritime entitlements and environmental obligations. It reinforced the legal framework for maritime disputes in the region.
The Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom, 2015) – Arbitration under UNCLOS:
Mauritius contested the establishment of a marine protected area around the Chagos Archipelago by the UK.
The arbitration tribunal found that the UK had violated certain procedural obligations under UNCLOS, highlighting the importance of consultation and environmental protection.
The Case of the S.S. “Lotus” (France v. Turkey, 1927) – PCIJ
This case involved a collision between a French and a Turkish vessel on the high seas and subsequent legal jurisdiction issues.
The PCIJ ruled that Turkey did not violate international law by exercising jurisdiction over the French officer involved, emphasizing that unless expressly prohibited, states could exercise jurisdiction over incidents on the high seas involving their nationals.
In Summary:
These cases collectively illustrate the development and application of principles under UNCLOS and the broader Law of the Sea. They highlight the evolving nature of maritime law, addressing issues from navigation rights and environmental protection to maritime boundary delimitation and state jurisdiction. The decisions from the ICJ, ITLOS, and various arbitration panels continue to shape the legal landscape of international maritime governance.
