The Arctic Sunrise

• Published in: International Law Reports
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 2015
• Subjects: Arctic; Law of the Sea
• Online Access: http://dx.doi.org/10.1017/9781107416079.002; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0309067100117058

68 International tribunals — Provisional measures — International Tribunal for the Law of the Sea — United Nations Convention on the Law of the Sea, 1982, Article 290(5) — Consequences of a non-appearing party — Capacity of the Tribunal to award measures other than those requested in the initial application — Award of a bond in exchange for the release of contested subject matter — Concerns that such an award in the provisional measures context may create a de facto prompt release proceeding International tribunals — Jurisdiction — United Nations Convention on the Law of the Sea, 1982, Article 298 — Declaration by State purporting to exclude jurisdiction of ITLOS — Whether permissible — Effects International tribunals — Non-appearing parties — Consequences of non-appearance — Whether non-appearance by a party should be permitted to prejudice the claim of a party that does appear and participates in proceedings in good faith — Whether non-appearance inconsistent with procedural fairness and wider rule of law in international proceedings