Giorgia Bevilacqua

Some Legal Issues Regarding the Effectiveness of International Law of the Sea and the Protection of Fundamental Freedoms in the "Arctic Sunrise" Case

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Abstract

On 22 November 2013, pending a decision by the Annex VII arbitral tribunal, the Tribunal for the Law of the Sea issued provisional measures providing that the Russia shall immediately release the Arctic Sunrise and its crew, upon the posting of a bond by the Netherlands. This contribution focuses on two main aspects: the failure of Russia with respect to the international proceeding and provisional measures and the possible breach of the right to liberty of all persons who have long been detained in Russia.

Keywords

  • Provisional Measures
  • Breach of Binding Obligations
  • Fundamental Freedoms
  • State Powers in the EEZ
  • International Tribunal for the Law of the Sea
  • Greenpeace

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