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The Arctic Sunrise Arbitration, Netherlands v Russia, Award on the Merits, PCA Case No 2014-02, ICGJ 511 (PCA 2015), 14th August 2015, Permanent Court of Arbitration [PCA]

The Arctic Sunrise Arbitration, Netherlands v Russia, Award on the Merits, PCA Case No 2014-02, ICGJ 511 (PCA 2015), 14th August 2015, Permanent Court of Arbitration [PCA]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 16 December 2018

Whether the Tribunal was precluded from exercising jurisdiction over the claims brought by the Netherlands under the United Nations Convention on the Law of the Sea (‘UNCLOS’) as a result of the partially overlapping claims submitted to the European Court of Human Rights by the the thirty persons who were on board when the vessel was seized and detained by the Russian authorities (the ‘Arctic 30’).

Whether the requirement of an exchange of views under Article 283(1) of UNCLOS was satisfied in the circumstances of the case.

Whether the Netherlands had standing to invoke the international responsibility of Russia on grounds of its status as flag State of the Arctic Sunrise in relation to injuries caused by breaches of UNCLOS.

Whether the Netherlands had standing to invoke the international responsibility of Russia on grounds of its status as flag State of the Arctic Sunrise in relation to injuries to all persons on board regardless of nationality.

Whether the Netherlands had standing to invoke the international responsibility of Russia on grounds of its right to exercise diplomatic protection on behalf of those members of the crew having Dutch nationality.

Whether the Netherlands had standing to invoke the international responsibility of Russia on grounds for those breaches of its obligations erga omnes or erga omnes partes.

Whether the Tribunal s entitled under Article 293(1) of UNCLOS to have regard to general international law, and in particular to international human rights law, in order to interpret the relevant provisions of the Convention.

Whether, in establishing a zone of three nautical miles around the offshore oil production platform Prirazlomnaya ‘in which navigation without prior authorization of the Russian Federation [wa]s prohibited’, Russia violated Article 60(5) of UNCLOS.

Whether the boarding, seizure, and detention of the Arctic Sunrise was justified under UNCLOS.

Whether Russia had failed to comply with the order of 22 November 2013 issued by the International Tribunal for the Law of the Sea in Award on Provisional Measures, The Arctic Sunrise Arbitration (Netherlands v Russia), ITLOS Case No 22; ICGJ 445 (ITLOS 2013), 22 November 2013.

Whether, by failing to pay the deposits requested by the Tribunal to cover its fees and expenses, Russia had breached its obligations to the Netherlands.

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