The MV Norstar Case (Panama v. Italy)
成果类型：
Article
署名作者：
Miles, Cameron
刊物名称：
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN/ISSBN：
0002-9300
DOI：
10.1017/ajil.2019.76
发表日期：
2020
页码：
116-123
关键词：
摘要：
In the MV Norstar Case (Norstar Case), the International Tribunal for the Law of the Sea (ITLOS) produced two reasoned decisions. In the first, the Tribunal established jurisdiction over the relevant dispute and the admissibility of Panama's claims. In the second, it found that Italy had violated Panama's right to freedom of navigation on the high seas. In the latter decision, the Tribunal relied on an expansive understanding of flag state jurisdiction-prompting a vociferous joint dissent by seven of its twenty-three judges. The majority's understanding of the jurisdictional exclusivity of the flag state as extending to prescriptive as well as enforcement jurisdiction is a significant expansion of flag state rights-and will have a corresponding impact on the way that shipping is regulated internationally.
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