A Note on the M/V "Louisa" Case

TY - JOUR

T1 - A Note on the M/V "Louisa" Case

AU - Tanaka, Yoshifumi

PY - 2014/4/24

Y1 - 2014/4/24

N2 - In the M/V “Louisa” case of 28 May 2013, the International Tribunal for the Law ofthe Sea held that it had no jurisdiction, even though it had established prima faciejurisdiction at the provisional measures stage. The M/V “Louisa” case thus gives rise to questions regarding the relationship between prima facie jurisdiction and jurisdiction on the merits. Moreover, the M/V “Louisa” Judgment also sheds some light on the applicability of the doctrine of abuse of rights provided in Article 300 of the UN Convention on the Law of the Sea.

AB - In the M/V “Louisa” case of 28 May 2013, the International Tribunal for the Law ofthe Sea held that it had no jurisdiction, even though it had established prima faciejurisdiction at the provisional measures stage. The M/V “Louisa” case thus gives rise to questions regarding the relationship between prima facie jurisdiction and jurisdiction on the merits. Moreover, the M/V “Louisa” Judgment also sheds some light on the applicability of the doctrine of abuse of rights provided in Article 300 of the UN Convention on the Law of the Sea.

U2 - 10.1080/00908320.2014.898924

DO - 10.1080/00908320.2014.898924

M3 - Journal article

SN - 0090-8320

VL - 45

SP - 205

EP - 220

JO - Ocean Development and International Law

JF - Ocean Development and International Law

IS - 2

ER -