Legal Aspect of Decision Making Essay

2728 Words Nov 22nd, 2015 11 Pages
Saint Vincent and the Grenadines v. Guinea International Tribunal for the Law of the Sea Case No. 2, 1999, posted at www.itlos.org.
Facts
October 1997, the M/V Saiga, an oil tanker, was engaged in selling “gas oil” to fishing and other vessels within Guinea’s exclusive economic zone. The next day, the Guinean Navy boarded the Saiga just beyond Guinea’s exclusive economic zone and the master, crew, and the ship were arrested. The government of Guinea charged the master with importing “without declaring it, merchandise that is taxable on entering national Guinean territory, in this case diesel oil” and brought criminal proceedings against him for “committing the crimes of contraband, fraud, and tax evasion.”
Procedural History
November
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Thus, while the obligation regarding a genuine link was maintained in the 1958 Convention, the proposal that the existence of a genuine link should be a basis for the recognition of nationality was not adopt.
Reasoning
The conclusion of the Tribunal is that the purpose of the provisions of the Convention on the need for a genuine link between a ship and its flag State is to secure more effective implementation of the duties of the flag State, and not to establish criteria by reference to which the validity of the registration of ships in a flag State may be challenged by other State may be challenged.

The tribunal reasoned that the Convention considers a ship as a unit, as regards the obligations of the flag State with respect to the ship and the right of a flag State to seek reparation for loss or damage caused to the ship by acts of other States and to institute proceedings under Article 292 of the Convention.
In the view of the tribunal, Saint Vincent and the Grenadines is entitled to reparation for
damage suffered directly by it as well as for damage or other loss suffered by the Saiga, including all persons involved or interested in its operation. In the light of the above considerations, the tribunal rejects…

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