엠/브이 사이가(M/V "Saiga")호 사건: 신속한 석방절차 사건 - 1997년 국제해양법재판소 판결 -

The M/V "Saiga" Case: Prompt Release - Judgment of Year 1997 of the International Tribunal for the Law of the Sea -

This case, M/V “Saiga”, is the first case before the International Tribunal for the Law of the Sea after the adoption of the Rules of the Tribunal and its inauguration. This case was concerned with the arrest off the coast of West Africa by Guinea of the oil tanker M/V “Saiga” flying the flag of Saint Vincent and the Grenadines. The arrest took place on the 28 October 1997. Within ten days of the arrest there had been no agreement between the parties to go before any other court. The application for release was then filed with the Tribunal by Saint Vincent and the Grenadines on 13 November. The application of Saint Vincent and the Grenadines was based on the article 292 of the United Nations Convention on the Law of the Sea related to the prompt release of vessels and crews. Saint Vincent and the Grenadines requested the Tribunal to order the prompt release of the “M/V Saiga”, its cargo, and crew detained in Conakry, Guinea. Guinea claimed that the M/V “Saiga” was engaged in smuggling activities off its coast when arrested. The arrest was claimed to be in the exercise of the right of hot pursuit. Guinea also insisted that the Tribunal should have no jurisdiction in the matter and that the claim should be inadmissible. In view of the urgency attached to these proceedings and the humanitarian considerations for the crew, the Tribunal had to comply with the United Nations Convention on the Law of the Sea and the Rules of the Tribunal. The whole procedures consisted of written and oral proceedings before the Tribunal took three weeks. The Tribunal with the full bench of 21 judges delivered its judgment and ordered the prompt release of the oil tanker M/V “Saiga” and its crew from detention in Conakry, Guinea. The judgment was unanimous as to the Tribunal' having jurisdiction, but divided into 12 to 9 on the question of the release. In addition to the amount of gasoil discharged from the M/V Saiga, Saint Vincent and the Grenadines are to deposit the amount of 400.000 United States Dollars as a security for the release.