Lesson Learned from the M/V “Norstar” Case Between Panama and Italy on the Freedom of Navigation in High Sea

Abstract

This research aimed to study the M/V “Norstar” case between Panama and Italy. Moreover, a lesson learned from the Norstar case reflects a clear perspective on freedom of navigation on the high seas following the United Nations Convention on the Law of the Sea, 1982. The results show that the Norstar case is a disputed case concerning the exercise of freedom of navigation on the high seas. Article 87(a) of the United Nations Convention on the Law of the Sea 1982 sets forth that “the high sea is open to all states, whether coastal or land-locked. Freedom of navigation is exercised under the conditions laid down by this convention.” It can be seen that the legal basis is not clear for the example of the activity of freedom of navigation on the high seas. However, the Norstar case clarifies that it is the view of the exercise of freedom of navigation on high seas, including supplying gasoil activity on high seas. Furthermore, this issue helps to create a perspective for the private sector and leads to channels for making a business providing refueling service on the high seas. In addition, this case helps to create a practice in the government sector, especially, the navy. There may be policy communications within the army for patrolling on high seas. When they see the refueling service on the high seas, it is considered an action within the context of freedom of navigation on the high seas.