The Arctic Sunrise Arbitration and Acts of Protest

The Arctic Sunrise Arbitration and Acts of Protest

the Arctic Sunrise arbitration and acts of protests at sea the present article analyzes the Arctic Sunrise arbitration which concern the lawfulness of the boarding and Caesar of the Dutch flagged vessel Arctic Sunrise during a protest against the oil rig in the exclusive economic zone of the Russian Federation even though the Arctic Sunrise vessel was three nautical moths from the rig the Green Peace activists on board were arrested detained and charged with piracy which was later replaced with a chart of aggravated hooliganism these four protest at Sea is an internationally recognized lawful use of the sea related to the freedom of navigation and it is therefore subject to the limitation defined by into Elia the law of the sea this necessitate a balancing of the right to protest at Sea with other legitimate interests including safety of navigation and the Safety and Security of artificial Island installation and structures located on the continental shelf or in the exclusive economic zone of the state according to the award the coastal States will tolerate some level of noise in caused by civilian protests as long as it doesn’t amount to an interference with the exercise of its suffering rights in order to protect its suffering rights a coastal State May respond appropriately against Act of protests provided such measures are reasonable necessary and proportionate the Arctic Sunrise case raises a number of interesting legal question concerning the phenomenon of Act of protests at Sea question that haven’t been adequately explored to date this paper aims to analyze the difference between Act of protests at Sea piracy and Maritime terrorism the limit on the right to protest at Sea and the connection between the law of the Sea and the protection of Human Rights on the morning of 18 September 2013 two Greenpeace activists adapted to scale the diasprom operated pre-relsonia oil platform located in the exclusive economic zone or eez of the Russian Federation this act was intended to be a non-violent direct action protesting the platform’s oil drilling activities the next day in response to the protest the Russian authorities boarded and says the Arctic Sunrise a Dutch flag get green peace vessel the arctics and rice was towed to the Russian Port of mormax and was subsequently saved by the Lenin ski District Court Russian authorities arrested and detained the green paste activists on board the Arctic 30 charging them with piracy one month later the authorities dropped the piracy chart against the Arctic 30 replacing it with a chart of aggravated hooliganism piracy consists of act of violence or debradation committed for private ends of the high seas from person on board a ship against another ship the fact that the prerezomnia is not a ship was the reason for the alternator of hooliganism against the Arctic 30. the initial chart of piracy however allowed the Russian authorities to board the Arctic Sunrise as provided by article 105 of the United Nation convention on the law of the sea or unclose and according to the principle of universal jurisdiction to arrest and during the Arctic 30. on 4 October 2013 the kingdom of the Netherlands instituted arbitral proceedings against the Russian Federation of the annex seven to the unclosed on 22 November 2013 funding the constitution of the arbitral tribunal the international Tribunal for the law of the sea or itlos ordered the Russian Federation to release the Arctic sunrise and its crew European payment of 3.6 million euro pound Russia didn’t participate in the proceeding at any stage invoking the Declaration that it made when becoming a party to the unclose According to which it doesn’t exemplate yours provided for in section 2 of part 15 of the convention entailing binding decision with respect to dispute concerning law enforcement activities in regard to the exercise of suffering right or jurisdiction prior to discussing the Merit of the claim by the Netherlands the tribunal address issues of jurisdiction and admissibility concluding the Russia’s declaration didn’t exclude Primavera the dispute from the jurisdiction of the Tribunal according to article 298 part 1B unclose the optional exemption in connection with dispute concerning law enforcement measures in regard to the exercise of suffering Reich or jurisdiction only applies with respect to dispute concerning Marine scientific research and Fisheries neither of which was an issue in the Arctic Sunrise case Russia’s non-appearance didn’t constitute a bar to proceeding by virtue of article 9 of annex 7 to the unclose According to which the tribunal can make its award if the other party to the dispute request the tribunal to continue the proceedings the tribunal made its award on 14 August 2015 declaring that the boarding and Caesar of the Arctic sunrise by the Russian Federation and the arrest of the Arctic 30 was illegal consequently it ordered the Russian Federation to compensate the Netherlands for the damage caused to the Arctic sunrise and its crew the tribunal didn’t discuss the direct action put in place by the two activists who had tried to climb the platform and their subsequent arrests by the Russian authorities because the Netherlands statement of the claim focused on the legitimacy of the boarding this paper aimed to analyze the legal aspect of the Arctic Sunrise case concerning the law of the Sea and the international protection of human rights in particular it will explore the difference between acts of protests at Sea and piracy on the one hand and Maritime terrorism on the other finally this paper aims to examine the limit of the right to Peaceful products at Sea and the human rights standard applicable to maritime law enforcement measures intended to prevent and punish violent Act of protests the association of protests at Sea with illicit act the Russian Federation put forth a number of legal justification for the measures taken against the Arctic sunrise the legal issue of the exercise of endorsement jurisdiction over the vessel and the activists who was resolved by the fact that the Greenpeace activists were initially accused of piracy X article 101 on clause according to the general Norm of international law certified in article 105 uncle’s every state may sees a pirate ship and arrest the person on board on the high seas and in conjunction with article 58.2 and close in the exclusive economic zone however relying on a chart of piracy raised a number of different problems which we discussed in the following the Russian authorities accused the crew of the Arctic Sunrise of Maritime terrorism as provided by the 1988 convention for the suppression of unlawful acts again the safety of Maritime navigation and the 1988 protocol for the suppression of unlawful eggs again the safety of fixed platform located on the continental shelf together 1988 as UA convention and its protocol to which the Netherlands and the Russian Federation are both parties the 1988 sua convention and its protocol were amended in 2005 but unlike the Netherlands the Russian Federation didn’t ratify them the Raptor the Russian Federation in a diplomatic node of 1 October 2013 accused the Greenpeace activists of infringing laws applicable to artificial Island installation structures and the surrounding safety zone in the EEG covered by articles 56 and 60 on clause thank you

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