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The Global Community Yearbook of International Law and Jurisprudence 2017$
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Giuliana Ziccardi Capaldo

Print publication date: 2018

Print ISBN-13: 9780190923846

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780190923846.001.0001

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Introductory Note

Introductory Note

The Jurisprudence of the International Tribunal for the Law of the Sea in 2016

Chapter:
(p.335) II.1 Introductory Note
Source:
The Global Community Yearbook of International Law and Jurisprudence 2017
Author(s):

Tullio Treves

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190923846.003.0016

The only judgment handed out by the International Tribunal for the Law of the Sea in 2016 concerns the preliminary objections raised by Italy in the M/V Norstar case between Panama and Italy. The judgment of 4 November 2016 rejects all these objections. The case concerned the seizure of a Panama-flagged vessel in a Spanish port, upon request of the Italian authorities in connection with criminal proceedings pending in Italy. The Tribunal found that jurisdiction could be based on Articles 87 and 300 of UNCLOS which, in its view, were “relevant” in the case. Interesting remarks in the judgment concern the notion of international dispute, the “indispensable third party” and exhaustion of local remedies.

Keywords:   exhaustion of remedies, indispensable third party, international dispute, ITLOS, preliminary objections

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