Category Archives: Jurisprudence

PCA: Arctic Sunrise Arbitration (Netherlands v. Russia) Award on Compensation

The Tribunal constituted under Annex VII of the UNCLOS in the matter of the Arctic Sunrise Arbitration (Netherlands v. Russia) has rendered its Award on Compensation (see previous posts here and here). In a decision dated 10 July 2017, the Tribunal unanimously determined the quantum of compensation owed by Russia to the Netherlands. The Award may be found here. The press release, which also features the quantum of compensation, may be found here.

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PCA: Arbitration Between the Republic of Croatia and the Republic of Slovenia

In the arbitration concerning a territorial and maritime dispute between the Republic of Croatia and the Republic of Slovenia, the Tribunal issued a unanimous Final Award on 29 June 2017.

For more information see the Final Award, press release and case page. Croatia has responded it is not bound by the Final Award and shall not implement it, here. Slovenia’s responses may be found here.

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PCA: Coastal State Rights (Ukraine v. the Russian Federation) – Rules of Procedure Adopted

On the 12 May 2017, the arbitration tribunal in respect of, Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), PCA Case No. 2017-06, held its first procedural meeting. On the 18 May 2017 the Rules of Procedure were adopted.

For more information see the press release and Rules of Procedure. The Case View may be found here.

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WTO: US ‘Dolphin Safe’ Labeling – Retaliatory Measures

The World Trade Organization (WTO) arbitrator’s decision, released 25 April 2017, in respect of DS381: US — Tuna II (Mexico), provided “Mexico may request authorization from the [Dispute Settlement Body] DSB to suspend concessions or other obligations […] at a level not exceeding USD 163.23 million per annum”. The dispute originally arises from the 2013 US tuna labeling policy (since modified and further challenged), which was used as the basis to assess the “level of nullification or impairment of benefits accruing to Mexico”.

For further information see here, and the reported decision here.

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ICJ: Somalia v. Kenya Judgement on preliminary objections delivered

Following our previous post, the International Court of Justice (ICJ) has delivered today its Judgment on the preliminary objections raised by Kenya in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). It finds that it may proceed with the maritime delimitation between Somalia and Kenya in the Indian Ocean. The Judgement can be found here and the summary here.

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PCA: Conciliation between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (update)

The conciliation proceedings between the Government of the Democratic Republic of Timor-Leste and the Government of the Commonwealth of Australia, pursuant to article 298 and Annex V of the UN Convention on the Law of the Sea, has resulted in measures intended to facilitate the conciliation, reported within a Trilateral Joint Statement issued 9 January 2017. After further exploration of negotiating positions, Timor-Leste  has written to the tribunals to withdraw the two claims it had initiated with Australia under the Timor Sea Treaty, reported within a Trilateral Joint Statement issued 24 January 2017.

See Trilateral Joint Statement – PCA Case Nº 2016-10 (9 January 2017) and Trilateral Joint Statement – PCA Case Nº 2016-10 (24 January 2017).

 

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ITLOS: Tribunal has jurisdiction over The M/V “Norstar” Case (Panama v. Italy)

The Judgment of the Tribunal on the Preliminary Objections raised by Italy on 11 March 2016 in The M/V “Norstar” Case (Panama v. Italy) was delivered today. The Tribunal finds that it has jurisdiction to adjudicate the dispute and decides that Panama’s application is admissible. According to the Application, the dispute concerns the arrest and detention of the M/V “Norstar”, a Panamanian-flagged oil tanker. More details can be found in the Tribunal’s Judgement.

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