The M/V Saiga (No. 2) case

The M/V Saiga (No. 2) case

Principle: To hot pursuit, the rules of hot pursuit under Article 111 of  United Nations Convention on the Law of the Sea must be followed.

Fact: Guinea used excessive and unreasonable force in stopping and arresting the Saiga. The Saiga was an unarmed tanker almost fully laden with gas oil, with a maximum speed of 10 knots and Guinea fired at the ship with live ammunition, using solid shots from large-calibre automatic guns.

Issue: Whether Guinea was empowered to apply its customs laws in respect of any parts of the EEZ ?

Decision: The Tribunal found that the Convention did not empower Guinea to apply its customs laws in respect of any parts of the EEZ.

Reasoning: The Tribunal found that several of these conditions were not fulfilled. First, no laws or regulations of Guinea were violated by the Saiga. …importing fuel oil into its ‘customs radius’, which extended to 250 kilometres from the coast of Guinea.

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Rayhanul Islam

Advocate Rayhanul Islam is the founder and Editor in Chief of Law Help BD. He is also a researcher. Critical thinking is his main focus. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human rights concept to the root level. e-mail: [email protected]

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