泰国明星马里奥
The MV "Norstar" Case (Panama v. Italy)期刊名称： The American Journal of International Law
作者： Cameron Miles
年份： 2020年
期号： 第1期
关键词： UN Convention on the Law of the Sea;jurisdiction of the International Tribunal for the Law of the Sea;existence of a “dispute”;indispensable third parties’ freedom of navigation;flag state jurisdiction;good faith and abuse of rights;calculation of compensation
摘要：In the MV "Norstar" Case ( Norstar Case ), the International Tribunal for the Law of the Sea (ITLOS) produced two reasoned decisions. In the first, the Tribunal established jurisdiction over the relevant dispute and the admissibility of Panama's claims. In the second, it found that Italy had violated Panama's right to freedom of navigation on the high seas. In the latter decision, the Tribunal relied on an expansive understanding of flag state jurisdiction—prompting a vociferous joint dissent by seven of its tw
enty-three judges. The majority's understanding of the jurisdictional exclusivity of the flag state as extending to prescriptive as well as enforcement jurisdiction is a significant expansion of flag state rights—and will have a corresponding impact on the way that shipping is regulated internationally.