## Facts

- Greenpeace International chartered and operated the Dutch-flagged vessel *Arctic Sunrise* to protest the Russian offshore oil platform Prirazlomnaya in the Pechora Sea, located within Russia’s exclusive economic zone (EEZ).
- On Sept. 18, 2013, activists from the *Arctic Sunrise* attempted to scale the platform during the protest.
- On Sept. 19, 2013, Russian authorities boarded the *Arctic Sunrise* in the EEZ, seized control, and compelled the vessel to proceed to Murmansk, where it was detained.
- Thirty persons on board were arrested, initially charged with piracy and later with hooliganism; they were detained for about two months, then released on bail and later granted amnesty.
- The Netherlands initiated UNCLOS Annex VII arbitration on Oct. 4, 2013, alleging unlawful interference with flag-state jurisdiction and freedoms of navigation.
- Before the Annex VII tribunal was constituted, ITLOS ordered provisional measures requiring release of the vessel and persons upon posting of a €3.6 million bond.
- Russia did not appear and asserted it did not accept Annex VII arbitration, citing an UNCLOS Article 298(1)(b) declaration concerning disputes over specified law-enforcement activities.
- The Annex VII tribunal previously held it had jurisdiction and that the Article 298 declaration did not exclude the dispute; it then issued an award on the merits addressing liability and declaratory relief, leaving damages to a later compensation phase.

## Issues

1. Whether Russia’s boarding, seizure, and detention of a foreign-flagged vessel in the Russian EEZ were permitted under UNCLOS, including Articles 58 and 87 (EEZ/high-seas freedoms) and the limited enforcement powers applicable in the EEZ.
2. Whether Russia lawfully arrested, detained, and prosecuted the persons on board under UNCLOS rules governing offshore installations and safety zones, including Article 60.
3. Whether Russia breached UNCLOS by failing to comply promptly and fully with the binding ITLOS provisional measures order under Article 290(6).
4. Whether Russia breached UNCLOS-related procedural obligations by failing to pay requested deposits for arbitration costs.

## Decision

- The tribunal held Russia violated UNCLOS by boarding, investigating, inspecting, arresting, detaining, and seizing the *Arctic Sunrise* without the Netherlands’ prior consent, and by arresting, detaining, and initiating criminal proceedings against those on board.
- The tribunal held Russia breached UNCLOS by failing to comply fully and promptly with the ITLOS provisional measures order requiring release of the vessel and detained persons upon bond.
- The tribunal held Russia breached obligations connected to the Annex VII proceedings by failing to pay its share of deposits requested for the costs of arbitration.
- The tribunal held Russia was internationally responsible and owed full reparation, with compensation to be determined in a subsequent phase.

## Legal Principles

- In another state’s EEZ, a coastal state’s jurisdiction is functional and limited; it cannot exercise enforcement jurisdiction over a foreign vessel absent a specific UNCLOS basis or flag-state consent.
- EEZ freedoms of navigation and other lawful uses (Articles 58 and 87) constrain coastal-state action against foreign-flagged vessels operating in the EEZ.
- Coastal-state authority to establish safety zones around offshore installations and take protective measures (Article 60) permits only measures that are reasonable, necessary, and proportionate to the specific safety or security risk; it does not authorize broad seizure and prolonged criminal detention unrelated to immediate installation protection.
- Provisional measures ordered under UNCLOS Article 290(6) are binding until modified or revoked by the competent tribunal; noncompliance constitutes a breach of the Convention.
- A respondent’s non-appearance does not bar Annex VII proceedings; the tribunal must independently satisfy itself of jurisdiction and require proof of the claims on the merits.
- Where breaches are attributable to the state and not excused, the responsible state must cease the wrongful conduct and make full reparation, including compensation.

## Conclusion

The tribunal concluded that Russia’s boarding and detention of the *Arctic Sunrise* and its crew in the EEZ exceeded the limited enforcement powers permitted under UNCLOS, violated the Netherlands’ flag-state rights and related navigational freedoms, and also breached Russia’s obligations to comply with binding ITLOS provisional measures and to fund its share of arbitral costs, giving rise to a duty of full reparation.


In re Arctic Sunrise (Neth. v. Russ.), PCA Case No. 2014-02 (Perm. Ct. Arb. Aug. 14, 2015)