International Tribunal for the Law of the Sea, Case 25, the M/V “Norstar” Case (Panama v Italy), a Brief Commentary on the Judgment on Preliminary Objections

International Tribunal for the Law of the Sea, Case 25, the M/V “Norstar” Case (Panama v... The International Tribunal for the Law of the Sea (hereinafter the Tribunal) has recently issued a judgment on the preliminary objections raised by Italy about the admissibility of the M/V “Norstar” case. The M/V “Norstar”, an oil tanker flying the flag of Panama, was engaged from 1994 to 1998 in supplying gasoil to yachts in an area off the coasts of Italy, France and Spain. The vessel, according to Italy, was owned by “Inter Marine & Co as”, managed by “Borgheim Shipping”, which are both Norwegian-registered companies, and chartered out to “Nor Maritime Bunker”, a Maltese-registered company. On 11 August 1998, a decree of seizure was issued by the Public Prosecutor at the Court of Savona in Italy against the M/V “Norstar”, in the context of criminal proceedings against eight individuals for the offences of a criminal association aimed at smuggling mineral oils and tax fraud. The decree ordered the seizure of the M/V “Norstar” “as corpus delicti” for the alleged criminal offences. The Spanish authorities, following a request of judicial assistance by Italy, seized the vessel when it was anchored in the Bay of Palma de Mallorca, Spain, in September 1998. On 13 March 2003, the Court of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia-Pacific Journal of Ocean Law and Policy Brill

International Tribunal for the Law of the Sea, Case 25, the M/V “Norstar” Case (Panama v Italy), a Brief Commentary on the Judgment on Preliminary Objections

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2451-9367
eISSN
2451-9391
DOI
10.1163/24519391-00201012
Publisher site
See Article on Publisher Site

Abstract

The International Tribunal for the Law of the Sea (hereinafter the Tribunal) has recently issued a judgment on the preliminary objections raised by Italy about the admissibility of the M/V “Norstar” case. The M/V “Norstar”, an oil tanker flying the flag of Panama, was engaged from 1994 to 1998 in supplying gasoil to yachts in an area off the coasts of Italy, France and Spain. The vessel, according to Italy, was owned by “Inter Marine & Co as”, managed by “Borgheim Shipping”, which are both Norwegian-registered companies, and chartered out to “Nor Maritime Bunker”, a Maltese-registered company. On 11 August 1998, a decree of seizure was issued by the Public Prosecutor at the Court of Savona in Italy against the M/V “Norstar”, in the context of criminal proceedings against eight individuals for the offences of a criminal association aimed at smuggling mineral oils and tax fraud. The decree ordered the seizure of the M/V “Norstar” “as corpus delicti” for the alleged criminal offences. The Spanish authorities, following a request of judicial assistance by Italy, seized the vessel when it was anchored in the Bay of Palma de Mallorca, Spain, in September 1998. On 13 March 2003, the Court of

Journal

Asia-Pacific Journal of Ocean Law and PolicyBrill

Published: Jun 7, 2017

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