St Vincent And Grenadines Case Study
The dispute is pertaining to the detention by the Spanish authorities of the vessel M/V “Louisa” having the flag of Saint Vincent and Grenadines. Chronological facts of the case are as follows:
20.08.2004 – 29.10.2004: The vessel M/V “Louisa” was conducting surveys of the sea floor in the internal waters and territorial sea of the Spain to locate oil and gas deposits on the basis of a permit issued by the Spanish Ministry of Environment.
29.10.2004: The vessel was voluntarily docked at Port El Puerto de Santa Maria.
01/02/2006: The Spanish authorities boarded, searched and detained the vessel. During the search, diverse pieces of undersea archaeological origin were found with five assault rifles which were considered weapon of war and a handgun. It was alleged by the Spanish authorities that the vessel was an instrument for carrying out the crime of possession and depositing of weapon of war and continued the crime …show more content…
It further requested for prescription of provisional measures under Art. 290 (1), LOSC.
1. Whether the unilateral declaration made by Saint Vincent and Grenadines invoked prima facie jurisdiction of the Tribunal.
2. Whether the tribunal had the jurisdiction to deal with the merits of the case.
3. Whether Art. 73, 226, 227and 245, LOSC, could be evoked by the Applicant pertaining the dispute related to the vessel and the persons connected therewith.
4. Whether Art. 87, LOSC (freedom of navigation) interpreted in a way to grant the M/V “Louisa”, a right to leave the port and gain access to high seas.
5. Whether Spain had violated the general international law and Art 561 of the Code of Criminal Procedure of Spain in relation to boarding of the vessel without prior permission of captain or consul of Saint Vincent and Grenadines.
6. Whether Art. 300, LOSC served the legal basis for the claim of the