1. Law of The Sea Tribunals Orders Russia To Free Greenpeacers
Facts
The Greenpeacers on board the Artic Sunrise had interfered with the operation of the Artic first
privatised oil-drilling platform from Russia operating in northern territory of Russia. Fearing that the
drilling might lead to an environmental disaster, the Greenpreacers took aggressive actions such as
climbing the platform and disturbing its operation. Caught and detained in St. Petersburg prison, the
bail was paid yet the Greenpeacers continued to be under detention which leads to the Netherland
bringing an action against Russia for the freeing of the Greenpeacers. Possible international law
conflict includes the status of the Greenpacers while on board the vessel in territorial sea of Russia
as the coastal State.
Legal Principles
Article 19(1) of UNCLOS, a passage is innocent so long as it is not prejudicial to the peace, good order
or security of the coastal State. Further along the same article, numerous activities are listed as to
fall under the above description ranging from practice of weapons to interferences with the coastal
State’s communication or other facilities. In relation to that, Article 27(1) follows the description of
criminal jurisdiction of coastal State where it should not be exercised on board a foreign ship passing
through the territorial sea to arrest any person or to conduct any investigation in connection with
any crime committed on board the ship during its passage subject to few exceptions sharing the
same theme as those provided for in Article 19(1)
Opinion
Actions taken by the Greenpeacers on board the Artic Sunrise, albeit with noble intention,
nonetheless may amount to direct interference thus not covered by the privilege provided for under
Article 19(1). However, the tribunal decision that was partially based on UNCLOS in ordering the
freeing of the Greenpeacers by the Russian shows the unwillingness of the Russian in obeying the
principles stated in UNCLOS. This decision however manage to show part of the effectiveness in
enforcing UNCLOS in practice.