Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

ITLOS and the Saga of the Saiga: Peaceful Settlement of a Law of the Sea Dispute

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of The International Journal of Marine and Coastal Law

The Saiga No. 2 case was the first judgment on the merits by the International Tribunal for the Law of the Sea, and the final phase of a dispute with a complicated procedural history, using several of the provisions of Part XV of the LOS Convention. The case raised a number of procedural and evidentiary issues, relating to the presentation of witnesses, the burden of proof and the standard of proof. It clarified the meaning of "genuine link", confirmed the law on hot pursuit, settled the law on use of force in the arrest of foreign vessels, and made clear that coastal states did not enjoy customs jurisdiction in the EEZ, while leaving aside the question of jurisdiction over offshore bunkering. The Tribunal is to be commended for not permitting technical issues to prevent it from doing justice in the case.

Affiliations: 1: University of Southampton

Loading

Full text loading...

/content/journals/10.1163/157180800x00163
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157180800x00163
Loading

Article metrics loading...

/content/journals/10.1163/157180800x00163
2000-01-01
2016-12-08

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The International Journal of Marine and Coastal Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation