The Arctic Sunrise

• Published in: International Law Reports
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 2018
• Subjects: Arctic; Law of the Sea
• Online Access: http://dx.doi.org/10.1017/cbo9781108289863.001; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0309067100002872

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Part XV and Annex VII — Dispute settlement mechanism — Arbitration as default choice — Non-appearance by party — Jurisdiction — Scope of declaration excluding disputes concerning law enforcement activities — UNCLOS Articles 297 and 298 — Existence of a dispute — Effect of related proceedings at European Court of Human Rights — UNCLOS Article 283(1) — Exchange of views requirement — Urgency — Judicial standing — State responsibility — Obligations owed by coastal State to flag State — Whether standing of flag State covering claims relating to all persons on board a vessel Arbitration — Applicable law — UNCLOS Part XV and Annex VII — Dispute settlement mechanism — Applicable law — Whether arbitration tribunal empowered to apply international human rights law — UNCLOS Article 293 — International Covenant on Civil and Political Rights, 1966, Articles 9 and 12 — Arbitrary arrest or detention — Freedom of movement Arbitration — Costs — UNCLOS Part XV and Annex VII — Dispute settlement mechanism — Non-appearance by party — UNCLOS Annex VII, Article 6 — Obligation to pay deposits requested by arbitration tribunal — Costs and Expenses — Equal allocation of arbitration tribunal expenses between parties Damages — Restitution — Return of confiscated equipment and items — Compensation — Material damage for vessel repairs and lost earnings — Material damage for bail and security — Material damage for unpaid deposits to arbitration tribunal — Non-material damage for wrongful arrest, prosecution and detention of persons — Quantum of compensation deferred Environment — Marine pollution — UNCLOS Article 221 — Law enforcement measures — Measures must be reasonable and 2 proportionate to expected or actual harm — Requirement of major harmful consequence Human rights — Treaties — International Covenant on Civil and Political Rights, 1966, Articles 9 and 12(2) — Freedom from arbitrary arrest or detention — Freedom of movement — Right to ...