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Saiga No. 2 Case

A6. Public international law of the sea

Definition

ITLOS 1999 judgment on prompt release and use of force.

The M/V Saiga (No. 2) case (Saint Vincent and the Grenadines v Guinea), decided by ITLOS in 1999, was the Tribunal’s first full merits judgment. It held that the absence of a genuine link does not entitle another state to deny recognition of a ship’s nationality, that Guinea could not apply its customs laws to bunkering in its EEZ, and that the force used in arresting the tanker was excessive. The judgment shaped the law on flag-state nationality, EEZ enforcement limits, and the use of force in maritime law enforcement.

Source: ITLOS Case No.2 (1 July 1999)