1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States :
(a) freedom of navigation;
2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas... [emphasis added].
"Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas."
The Tribunal shall give its decision in the form of a judgment, by which it shall uphold the objection or reject it or declare that the objection does not possess, in the circumstances of the case, an exclusively preliminary character. If the Tribunal rejects the objection or declares that it does not possess an exclusively preliminary character, it shall fix time-limits for the further proceedings.
In my view, the most natural interpretation of this provision is that, in case of two or more objections, the Tribunal should, as a rule, decide and vote on each of them separately. This is supported by a contextual reading of article 97. In particular, the initial phrase of article 97, paragraph 1, refers to: "[a]ny objection to the jurisdiction of the Tribunal or to the admissibility of the application". [Emphasis added]
After hearing the parties, the Court shall give its decision in the form of a judgment, by which it shall either uphold the objection, reject it, or declare that the objection does not possess, in the circumstances of the case, an exclusively preliminary character. If the Court rejects the objection or declares that it does not possess an exclusively preliminary character, it shall fix time-limits for the further proceedings.
In judgments on a single preliminary objection the Court usually confines itself to a statement whether it does or does not have jurisdiction, in the first case also resuming the proceedings on the merits. Similarly, this is the customary form of operative provision where there are multiple objections, but the Court finds it possible to dispose of the case - one way or the other - simply on the basis of its decision on one objection. Where the Court finds it necessary to deal with each objection separately, the operative clause usually contains a formal disposition of each objection, in appropriate cases also indicating whether it is an objection to the jurisdiction or to the admissibility, as in the Interhandel case.1[Emphasis added]
Already registered ?