The Prompt Release of Vessels in Provisional Measures Procedures. New Trends and Challenges?

Abstract

This article discusses the incidents and situations created when vessels are detained in foreign ports, and the measures that need to be undertaken to overcome these disputes, analyzing the United Nations Convention on the Law of the Sea; that not only provides a frame that all States (who have submitted) should constrain to, but also contributes to define the peaceful means for settlements intended to overcome such controversial situations. Apart from the consideration of all these regulations, jurisprudence and real precedents are explored. In first place, to perceive the way parties react towards these situations, and also to understand how the settlement of disputes be operationalized through the International Tribunal for the Law of the Sea. For this purpose, contemporary cases such as the Grand Prince, the ARA Libertad, and the Artic Sunrise are deepened.