The International Tribunal for the Law of the Sea orders the Release of the Arctic Sunrise and the Detained Prisoners

(LEXEGESE) - The International Tribunal for the Law of the Sea delivered its Order of 22 November 2013 in The “Arctic Sunrise” Case (Kingdom of the Netherlands v. Russian Federation). It ordered that the vessel Arctic Sunrise and all persons detained in connection with the dispute be released and allowed to leave the territory and maritime areas under the jurisdiction of the Russian Federation upon the posting of a bond in the amount of 3.6 million euros. I. The Dispute A request for the prescription of provisional measures under article 290, paragraph 5, of the United Nations Convention on the Law of the Sea was submitted to the Tribunal on 21 October 2013 by the Kingdom of the Netherlands in a dispute with the Russian Federation concerning the arrest and detention of the vessel Arctic Sunrise and its crew by authorities of the Russian Federation. The Arctic Sunrise, which flies the flag of the Netherlands, is an icebreaker operated by Greenpeace International. The public hearing in the case was held on Wednesday, 6 November 2013. The Russian Federation informed the Tribunal by note verbale from the Embassy of the Russian Federation in Berlin dated 22 October 2013 that it did not intend to participate in the proceedings before the Tribunal. II. The Order of the Court 1. Jurisdiction of the Court In its Order, the Tribunal considers the declaration made by the Russian Federation upon ratifying the Convention, by which it “does not accept procedures provided for in Section 2 of Part XV of the Convention, entailing binding decisions with respect to disputes […] concerning law-enforcement activities in regard to the exercise of sovereign rights or jurisdiction”. In the note verbale of 22 October 2013, the Russian Federation informed the Tribunal that, on the basis of the said declaration, it had notified the Netherlands that “it does not accept the arbitration procedure under Annex VII to the Convention initiated by the Netherlands” ...Zum vollständigen Artikel

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