제2차 엠/브이 사이가(M/V “Saiga”)호 사건 - 국제해양법재판소의 1998년 잠정조치 명령 및 1999년 본안 판결 -

The M/V “Saiga”(No. 2) Case(Saint Vincent and the Grenadines v. Guinea) - Order of Provisional Measures(1998) and Judgment of Merits(1999) of ITLOS -

On 13 January 1998, the Government of Saint Vincent and the Grenadines(St. Vincent) filed a request for the prescription of provisional measures concerning the arrest and detention of the oiltanker M/V “Saiga” and its crew on 28 October 1997 by the customs authorities of Guinea with the Registrar of the International Tribunal for the Law of the Sea(the Tribunal). The request was for Guinea not to interfere with the freedom of navigation and related rights of St. Vincent. It further requested that Guinea immediately comply with the judgment of the Tribunal of 4 December 1997, in the M/V “Saiga” case. The request was based on article 290 of the United Nations Convention on the Law of the Sea(the Convention). Article 290 of the Convention provides that provisional measures may be prescribed by a court or a tribunal if it considers that certain requirements have been met, namely that prima facie the tribunal which is to be constituted would have jurisdiction and the urgency of the situation so requires. On 11 March 1998, the Tribunal delivered its order on the request for the prescription of provisional measures in the case between St. Vincent and Guinea. The Tribunal's decision was unanimous on all measures. In the meanwhile on 22 December 1997, the Government of St. Vincent notified Guinea that it was submitting the dispute in respect of the M/V “SAIGA” to arbitration. Then by Agreement between the parties dated 20 February 1998 (1998 Agreement), the arbitral proceedings instituted by St. Vincent were transferred to the Tribunal. The 1998 Agreement between the Parties provides that the written and oral proceedings before the Tribunal shall comprise a single phase dealing with all aspects of the merits, including damages and costs, and the objection as to jurisdiction raised by Guinea. By the order of the Tribunal of 20 February 1998, the Tribunal accepted the case. The case was entered into the list of cases as "the M/V “SAIGA”(No. 2) case(Saint Vincent and the Grenadines v. Guinea)". The dispute concerns the interpretation and application of the Convention. The proceedings on the merits raised many important issues, including jurisdiction, bunkering of vessels at sea, freedom of navigation, enforcement of customs legislation, contiguous zone, right of hot pursuit, Security Council resolution 1132, damages and costs, etc. After the written and oral proceedings, on 1 July 1999 the Tribunal delivered its judgment on the merits.