360
the
dated
"Saiga"
of Provisional Measures to have
of
Tribunal.21
Order
20
the Tribunal entered the case on
By
February,
(No. case,
its List
as The
and deemed the
made in that
for
under
2)
M/V
Request
case,
been
Prescription
Article
the LOS Convention.22
on the for
290(1)
proceedings
1998 and an Order was issued on 11March.
Oral
Measures
Because it had been
its master and crew in
on
Provisional
commenced
23
Request
February
4
notified on March of the release of the
Saiga,
conformity
with its
of 4
the
was not
to
a
Tribunal
render
measure
adminis-
December,
it
Judgment
decision on
required
that
a
Instead,
Guinea to refrain from
point.
pre.scribed
provisional
simply: (1)
or
or
ordering
trative measures
the two
any judicial
taking
enforcing
the
its master or its
find an interim
the
recommended that
crew;
(2)
against
"endeavour
to
Saiga,
to
to
ensure that no
that an initial
parties
action would be
arrangement
and
taken
implementation
1998.23
decided
be
submitted on
aggravate
of
dispute";
(3)
on
the
the
measures would
report
30
provisional
April
The second
to
to the fears of St Vincent that other
respond
point attempted
the Vincentian
vessels
be
to
either for offshore
arrest,
the fear
This
Saiga.
flying
flag
the
subject
might
fine
or for
of
arose
bunkering
from the
payment
imposed upon
fact that St Vincent had been named in the cedule de
a
St
as
citation,
the master.
document issued in the initiation of criminal
against
proceedings
it
if
Vincent assumed that
he could
would be liable for the fine
the master did not
pay,
its
of
not.24 For
vessels for customs offences would
Guinea
that an order to cease
constitute on
course,
argued
effectively
part,
a
decision
arresting
the
St Vincent
its
and that
could instead
in to
instruct
both
vessels to avoid
and to induce
a less
merits,
simply
satisfy
the
Guinean EEZ.
an effort
Presumably
the Tribunal "recommended"
parties
them to
rather than
co-operate,
measure
in effect
"prescribed"
than
on the arrest of
a
compromise
an absolute
the two
Vincentian
solution
specific
vessels
prohibition
parties
any
to
by
ordering
negotiate
21
1. The
of
text the
is 14
of
Agreement reproduced para.
in
Counter Memorial of
Guinea,
para.
the Order for Provisional
Measures.
22
Art. 290 of the LOS Convention
to all
for measures. Art.
290(1)
applies
requests
provisional
for
of
a
or
which
case
the
measures
court tribunal to
the
prescription
measures where the merits willbe submitted to an arbitral tribunal whichhas not
on
of
provides
prescription provisional
by
ITLOS
the merits has been submitted. Art.
for the
290(5)
gives
cannot
agree upon
jurisdiction
yet
Thus,
provisional
been
and the
another forum to hear the
initially
constituted,
request.
parties
the
for Provisional Measures was
made under Art.
when St
request
although
Request
290(5)
Vincent initiated
for an Annex VII
arbitration,
it was transformed into a
proceedings
under Art.
when the merits were transferred to the Tribunal.
290( 1 )
23
1-9
and
Vincent
v
the Grenadine.s
Cuinea),Request
and
bid.,
39;
paras
M/V "Saiga" (No. 2) (St
for Provisional
Order.htm.
11March
1998,
Measures, Order,
24
25
of
47-51.
event,
stay
St
Vincent,
Reply
Order,
paras
In
51.2. the
there was no
St Vincent dealt with the
para.
agreement.
problem by
its vesselsto
out of the Guinean EEZ. St Vincent submitted a
as
ordering
the
report, required
of
73-75;
Reply
but Guinea did not. Memorial of St
St
Order,
55 and 194.
Vincent,
Vincent,
by
paras
paras