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The “Ara Libertad” Case (Argentina v. Ghana) List of cases: No. 20 Provisional Measures

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Chapter Summary

Argentina contends that the detention of the ARA Libertad violates the rights recognized by the Convention, and argues that the dispute between Argentina and Ghana relates to the interpretation and application of the Convention. Ghana is of the view that article 18, paragraph 1, of the Convention, which defines "passage" as navigation through the territorial sea without entering the internal waters of the coastal State or for the purpose of entering or leaving the internal waters, is of no relevance for the present case as the ship "is not in Ghana's territorial sea". The central issue in this case concerns the detention of the Argentine warship ARA Libertad by Ghana at its port of Tema. In the view of the Tribunal, evidence submitted by Bangladesh to demonstrate that the Parties have administered their waters in accordance with the limits set forth in the 1974 Agreed Minutes is not conclusive.

Keywords: Ara Libertad; Argentina; Ghana



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    Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, Volume 12 (2012) — Recommend this title to your library
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