국제해양법재판소의 2019년 M/V “Norstar”호 사건 본안 판결에 대한 국제법적 분석

Abstract

This article aims to review an important case brought before international courts and tribunals established under Part XV, Section 2 of the UN Convention on the Law of the Sea (UNCLOS) in commemoration of the 40th anniversary of the adoption of the Convention. This article focuses on the judgment on the merits of the M/V “Norstar” case (Panama v. Italy) rendered on April 10, 2019 by the International Tribunal for the Law of the Sea (Tribunal). This decision is of great significance because the Tribunal dealt with one of the most important principles of the law of the sea: the principle of the freedom of the high seas. Indeed, the M/V “Norstar” case is the first international decision in which international judges have substantially interpreted the freedom of the high seas under Article 87 of UNCLOS. Futhermore, this judgment also contributed to the development of the law of the sea by touching upon the alleged breach of Article 300 of UNCLOS (Good faith and abuse of rights). Discussion on this provision has been limited in both international decisions and academic writings. Therefore, bearing in mind significant implications of the M/V “Norstar” case, this article will first briefly summarize the facts of the case, the parties’ positions, and the main rulings of the Tribunal. Then, this article will review the judgment concerning claims on breach of Articles 87 and 300 of the Convention and reparation.