The M/V 'Saiga' case on prompt release of detained vessels: The first judgment of the international tribunal for the law of the sea

Ed Brown

Marine Policy, vol. 22, issue 4-5, 307-326

Abstract: In December 1997, the International Tribunal for the Law of the Sea, one of the principal dispute settlement mechanisms established by the United Nations Convention on the Law of the Sea, 1982, delivered its first Judgment in the M/V 'Saiga' case. This case was concerned with the interpretation and application of Article 292 of the Convention, which embodies a novel procedure for effecting the prompt release of detained vessels, and this was the first time that this difficult provision had been examined by an international court or tribunal. Following a description of the dispute, and an analysis of Article 292 of the Convention, this article provides a critique of the Judgment and offers a few observations on its quality and likely impact.

Keywords: Prompt; release; dispute; settlement; International; Tribunal; for; the; Law; of; the; Sea (search for similar items in EconPapers)
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