The M/V "Norstar" Case (Panama v. Italy)
On 17 December 2015, Panama filed an Application with the Tribunal dated 16 November 2015 instituting proceedings against Italy in a dispute between the two States concerning the interpretation and application of the Convention “in connection with the arrest and detention by Italy of M/V Norstar, an oil tanker registered under the flag of Panama”. The case was entered in the list of cases of the Tribunal as Case No. 25.
On 3 February 2016, the President adopted an Order fixing 28 July 2016 as the time limit for the filing of the memorial by Panama, and 28 January 2017 as the time limit for the filing of the counter-memorial by Italy.
Both Panama and Italy chose judges ad hoc pursuant to article 17 of the Statute and article 19 of the Rules. Mr. Gudmundur Eiriksson was chosen as judge ad hoc by Panama and Mr. Tullio Treves was chosen as judge ad hoc by Italy.
Preliminary objections proceedings
On 11 March 2016, within the time limit set by article 97, paragraph 1, of the Rules, Italy filed with the Tribunal “written preliminary objections under article 294, paragraph 3, of the Convention”, in which Italy challenged “the jurisdiction of [the] Tribunal as well as the admissibility of Panama’s claim”.
Upon receipt of the preliminary objections by the Registry, pursuant to article 97, paragraph 3, of the Rules, the proceedings on the merits were suspended, as stated in the Order of the Tribunal dated 15 March 2016.
By the same Order, the Tribunal fixed 10 May 2016 as the time limit for the presentation by Panama of its written observations and submissions on the preliminary objections, and 9 July 2016 as the time limit for Italy to submit its written observations and submissions in reply. These pleadings were filed within the time limits so prescribed.
On 4 August 2016, the President adopted an Order fixing 20 September 2016 as the date for the opening of the oral proceedings in respect of the preliminary objections.
The hearing took place from 20 to 22 September 2016. During the hearing the parties presented their oral statements at six public sittings.
In accordance with article 75, paragraph 2, of the Rules, the parties presented their final submissions at the conclusion of the last statement made by each party at the hearing.
The Tribunal delivered its Judgment on the preliminary objections on 4 November 2016.
Proceedings on the Merits
On 29 November 2016, the President, having ascertained the views of the parties, adopted an Order fixing 11 April 2017 as the time limit for the filing of the memorial of Panama, and 11 October 2017 as the time limit for the filing of the counter-memorial of Italy. The pleadings were filed within the prescribed time limits.
On 15 November 2017, the Tribunal adopted an Order fixing 28 February 2018 as the time limit for the filing of the reply of Panama, and 13 June 2018 as the time limit for the filing of the rejoinder of Italy. The pleadings were also filed within the prescribed time limits.
In an Order dated 20 July 2018, the President fixed 10 September 2018 as the date for the opening of the oral proceedings.
Prior to opening of the oral proceedings, the Tribunal held initial deliberations on 6 and 7 September 2018 in accordance with article 68 of the Rules. The hearing was held from 10 to 15 September 2018, in 10 public sittings. In accordance with article 75, paragraph 2, of the Rules, the final submissions were presented by the parties at the conclusion of the last statement made by each party at the hearing.
The Tribunal delivered its Judgment on 10 April 2019.
Institution of proceedings
- Memorial of the Republic of Panama
- Counter-Memorial of the Italian Republic
- Reply of the Republic of Panama
- Rejoinder of the Italian Republic
- ITLOS/PV.18/C25/1 - 10 September 2018 a.m.
- ITLOS/PV.18/C25/2 - 10 September 2018 p.m.
- ITLOS/PV.18/C25/3/Corr.1 - 11 September 2018 a.m.
- ITLOS/PV.18/C25/4 - 11 September 2018 p.m.
- ITLOS/PV.18/C25/5 /Corr.1- 12 September 2018 a.m.
- ITLOS/PV.18/C25/6 - 12 September 2018 p.m.
- ITLOS/PV.18/C25/7 - 13 September 2018 a.m.
- ITLOS/PV.18/C25/8/Corr.1 - 13 September 2018 p.m.
- ITLOS/PV.18/C25/9 - 14 September 2018 p.m.
- ITLOS/PV.18/C25/10 - 15 September 2018 p.m.
- Order 2016/1 of 3 February 2016
- Order 2016/2 of 15 March 2016
- Order 2016/6 of 29 November 2016
- Order 2017/1 of 15 November 2017
- Order 2018/1 of 20 July 2018
- Judgment of 10 April 2019
- Declaration of Judge Jesus
- Declaration of Judge Kelly
- Declaration of Judge Gómez-Robledo
- Declaration of Judge Kittichaisaree
- Declaration of Judge ad hoc Treves
- Separate Opinion of Judge Ndiaye
- Separate Opinion of Judge Lucky
- Dissenting Opinion of Judges Cot, Pawlak, Yanai, Hoffmann, Kolodkin, Lijnzaad and Judge ad hoc Treves
- ITLOS/Press 241: Panama institutes proceedings against Italy in a dispute concerning the arrest and detention of the M/V "Norstar"
- ITLOS/Press 245: Italy raises preliminary objections - Tribunal sets time-limits for filing of written observations on the preliminary objections raised by Italy
- ITLOS/Press 248: Public hearing to be held from 20 September 2016
- ITLOS/Press 253: Tribunal to deliver its Judgment on the preliminary objections raised on Friday, 4 November 2016 at 3 p.m.
- ITLOS/Press 254: The Tribunal finds that it has jurisdiction to adjudicate the dispute - Judgment on the preliminary objections
- ITLOS/Press 272: Schedule for the public hearing
- ITLOS/Press 278: Judgment in The M/V “Norstar” Case (Panama v. Italy) to be delivered on Wednesday, 10 April 2019 at 12 noon
- ITLOS/Press 279: Tribunal delivers its Judgment