This post analyses the doctrinal contributions of the ‘Norstar’ Judgement to both freedom of navigation (Article 87(1)(a) of UNCLOS) and exclusive flag state jurisdiction (Article 92(1) of UNCLOS). The post concludes with a brief discussion as to if and why the Tribunal may wish to clarify its position on these issues in any forthcoming M/T ‘San Padre Pio’ Case (Switzerland v Nigeria), Order.
