St. Vincent And The Grenadines Vs Guinea Essay

1556 WordsJul 8, 20167 Pages
Case 2-5 St. Vincent and the Grenadines vs Guinea Facts: On November the 13th 1997, a St. Vincent’s and Grenadine agent filed a case against Guinea concerning the release of Marine Vessel Saiga as well as its crew. The vessel had been taken into custody by the concerned authorities after being suspected to be used for smuggling purposes. During its seizure, the vessel was in the process of refueling both fishing vessels as well as normal vessels that were operating off the coast of Guinea. During the time of its arrest, the vessel was drifting within the Exclusive Economic Zone of Sierra Leone.St. Vincent and Guinea happen to be state parties of the United Nations Convention on the Law of the sea thus making the tribunal to have a jurisdiction in this particular case. Procedure: Issues 1. Was the Saiga in breach of violating customs laws while in the restricted economic zone of Guinea by refueling other vessels in these waters? 2. Is Guinea in infringement of the UN rule, Article 292 for failing to not be in line with the timely discharge of the vessel and crew upon getting the agreed bond? Holding: No Rule: During its seizure by the concerned authorities, the vessel was not in any violation of the existing laws that could link it to smuggling. The vessel was acting as a fishing fuel under the known facts that it was only refueling other vessels in the sea area. Concurring opinion The International Tribunal for the Law of the Sea made a decision in this case that

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