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Greenpeace International applauds Dutch arbitration over Arctic 30
- Article 287 of the UN Convention on the Law of the Sea (LOSC) provides States Parties with a ‘menu’ of different options to settle disputes, including the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal or a so-called ‘special arbitral tribunal’.
- The Russian Federation ratified the Convention on 12 March 1997 and issued a Declaration opting for settlement of disputes through special arbitration. It also made use of the possibility to exclude certain disputes from compulsory settlement. Article 297, paragraphs 2 and 3 allow a reservation with respect to disputes on law enforcement activities regarding fisheries and marine scientific research only.
- A five-member arbitral tribunal will now be constituted in accordance with Annex VIII, Article 3 to LOSC. The Netherlands may ask for a Provisional Measure in accordance with Article 290, which could include the immediate release of the vessel and crew.
- The decision on this request will be taken as soon as possible either by the arbitral tribunal, if agreement on its composition can be reached within two weeks, or by the International Tribunal for the Law of the Sea (Article 290(5) LOSC). Typically this process would take less than two months.