Freedom of the High Seas in Conflict with Coastal State Jurisdiction with Reference to “Norstar” Case

Bunkering is an authorized activity and a manifestation of freedom of navigation. Prosecution of different aspects of foreign ship bunkering is within the jurisdiction of the flag State when it is carried out on the High Seas. Dispute of parties over the M/V “Norstar” case before the ITLOS in this situation and compared with the exercise of Coastal State jurisdiction by third State in affairs of flag State jurisdiction has no comparable history. Studying Norstar case with a descriptive-analytical approach and relying on jurisprudence of the ITLOS is the subject and purpose of this article. The main issue is the relationship between freedom of navigation rights in the mask of bunkering with the exercise of coastal State jurisdiction in the jurisprudence of the ITLOS. Research findings show that the right to freedom of navigation of a foreign ship is directly related to exercise of Coastal State jurisdiction. But bunkering in High Seas is not under jurisdiction of the Coastal State when all or part of bunkering of the foreign ship has not taken place in its Territorial Sea or Contiguous Zone in the jurisprudence of the ITLOS. In these circumstances, Coastal State’s reliance on the right to exercise jurisdiction over the foreign ships in the Territorial Sea does not suffice, although the foreign ship has returned to its Territorial Sea or within the jurisdiction of a third State after bunkering and is under direct judicial control.