International tribunals — International Tribunal for the Law of the Sea — Applicable law — United Nations Convention on the Law of the Sea, 1982 — St Vincent and the Grenadines (“St Vincent”) and Guinea both States Parties to Convention — St Vincent instituting arbitration proceedings in accordance with Annex VII to Convention — 1998 Agreement transferring dispute to Tribunal — Basis of jurisdiction — Tribunal’s competence to examine applicability and scope of national law
Sea — Exclusive economic zone (“EEZ”) — Coastal State jurisdiction over EEZ — M/V Saiga flying flag of St Vincent — M/V Saiga supplying oil to fishing vessels in EEZ of Guinea — Guinea arresting M/V Saiga in EEZ of Sierra Leone — Guinea detaining vessel and crew — Guinea confiscating vessel’s cargo of oil — Guinea prosecuting and convicting Master of M/V Saiga — Guinea naming St Vincent as civilly responsible in schedule of summons — Guinea applying its customs laws to a customs radius which included part of the EEZ — Guinea expanding scope of its jurisdiction in EEZ — Applicability of principles of public interest and self-protection — Whether “other rules of international law” within meaning of Article 58(3) of Convention — St Vincent claiming Guinea violating its rights under United Nations Convention on the Law of the Sea, 1982 and general international law
Claims — Admissibility — Guinea’s objections to admissibility of claims of St Vincent — Paragraph 2 of 1998 Agreement — Article 97 of Rules of Tribunal — Whether debarring Guinea from raising objections to admissibility of claims of St Vincent — Guinea contending claims of St Vincent inadmissible on various grounds — Whether M/V Saiga validly registered in St Vincent at time of its arrest — Whether M/V Saiga having Vincentian nationality at time of its arrest — Whether genuine link must exist between M/V Saiga and St Vincent at time of its arrest — Whether requirement that local remedies be exhausted — Relevance of fact that persons in respect of whom St Vincent brought claims were not its nationals — Whether St Vincent having requisite locus standi to bring claims before Tribunal — Whether Tribunal should proceed to the merits
Relationship of international law and municipal law — United Nations Convention on the Law of the Sea, 1982 — Article 91 of Convention codifying well-established rule of international law — Nationality of ships — Exclusive competence of State — St Vincent’s Merchant Shipping Act 1982 — Interpretation — Documentary evidence — Conduct — Relevance — Role of Tribunal in assessment of validity of registration — Guinea applying its laws to EEZ — Whether compatible with Convention
Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Rights of St Vincent in EEZ of Guinea under Convention and international law — Legality of measures taken by Guinea against M/V Saiga — Articles 56(2) and 58 of Convention — Whether bunkering fishing vessels in EEZ freedom of navigation or other lawful use of sea — Whether Guinea entitled to expand its jurisdiction over EEZ — Whether Guinea’s hot pursuit lawful — Whether Guinea’s use of force in making arrest legal — Whether St Vincent having right to obtain prompt compliance with Tribunal’s judgment of 4 December 1997 — Whether St Vincent having right not to be cited before the criminal courts of Guinea
Damages — Whether Guinea liable — Article 111(8) of United Nations Convention on the Law of the Sea, 1982 — Entitlement to compensation — Payment of interest — Appropriate awarding of costs
