Inauguration of the ITLOS Jurisprudence: The Saint Vincent and the Grenadines v. Guinea M/V Saiga Cases

Abstract

The jurisprudence of the newly established International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany, was inaugurated by two Saint Vincent and the Grenadines v. Guinea M/V Saiga cases, which resulted from the arrest on October 28, 1997, of the oil tanker M/V Saiga, flying the Saint Vincent's flag, by Guinean Customs patrol boats off the coast of West Africa. The cases have been paralleled by proceedings in national (Guinean) courts. This article surveys the first two decisions delivered by the Tribunal in application of the respective provisions of the 1982 United Nations Law of the Sea Convention (Articles 292 and 290, respectively) and the 1997 ITLOS Rules-i.e., the M/V Saiga Judgment of December 4, 1997 (Case No. 1) concerning an innovatory procedure of prompt release of the vessel and its crew and the M/V Saiga (Provisional Measures) Order of March 11, 1998. The Order marks the incidental phase of the M/V Saiga (Merits) proceedings (Case No. 2), which are scheduled for completion by the ITLOS by mid-1999. While examining the first two instances in which the ITLOS exercised its residual compulsory jurisdiction applicable to urgent matters of prompt release and provisional measures, the author also pays special attention to the comparative practice of the International Court of Justice. The analysis justifies commending the ITLOS for inauguration of its practice by an expeditious administration of international justice and by giving an appreciable expression to the critical concern for preservation of judicial consistency.