The Concept of Freedom of Navigation in Light of ITLOS Interpretation in the Norstar Case

Abstract

The long-awaited judgment on the M/V Norstar case has clarified – at least for the time being – the meaning, interpretation and scope of application of the principle of freedom of the seas as a long-standing, customary principle of international law. Through an historical analysis of the principle and a framing of the ruling within the United Nations Convention on the Law of the Sea, this article aims at providing a critical reading of the decision of the International Tribunal for the Law of the Sea.