Law of the Sea tribunal will decide Argentina/Ghana case on December 15
The International Tribunal for the Law of the Sea announced that the decision on the case involving the Argentine Navy frigate ARA Libertad retained in Ghana will be made public next 15 December. On Thursday both sides made their case in a several hours hearing at the seat of the tribunal in Hamburg.
“The court will announce its decision on December 15”, tribunal Judge Ruediger Wolfrum said during a break in the proceedings. He added “there are no easy cases, nor is this one and both sides have arrived supported by top leaguer lawyers”.
But Judge Wolfrum cautioned that the court would only make a decision about whether the ship should be released and may not make a wider judgment about whether warships can be arrested in civil debt cases.
“We will consider plausible causes and urgency to preserve the procedural position of Argentina” he added when asked what factors would be considered in the court’s decision.
Argentina asked the tribunal to order the immediate release of the training vessel being held in Ghana at the request of holders of Argentine bonds which they say are due for repayment.
The Ghanaian authorities detained the sailing frigate ARA Libertad in the port of Tema on Oct. 2 at the request of hedge fund NML Capital which says Argentina owes it 300 million dollars on bonds which have been in default since 2002.
But Susana Ruiz Cerutti, head of an Argentine delegation argued that warships have immunity from such claims under international maritime law and it was a ”mystery“ why Ghana had not allowed the ship to leave.
Ms Ruiz Cerutti said the tribunal should order the ship's release as the United Nations convention on maritime law gives warships immunity from civil actions.
”Because a 'vulture fund' has chosen the frigate to be the subject of proceedings does not absolve Ghana of its international obligations,“ Cerutti said. Argentina refers to funds like NML as ”vulture funds“ because they buy distressed or defaulted bonds and then sue in international courts to get paid in full.
She added that the Law of the Sea convention does not define warships as carrying weapons and the ARA Libertad is an unarmed naval training vessel.
The ship was visiting Ghana under Argentina's program to boost cooperation and friendship in the southern hemisphere and was seized in a ”brutal manner“, Cerutti said.
In reply Ghana's court representative Ebenezer Appreku asked for Argentina's application to be rejected and pointed out that the ship's detention arose from a court order in Ghana concerning a commercial contractual dispute between the private company NML Capital and the state of Argentina which did not involve Ghana's government.
He said that since Ghana's constitution clearly separates the powers of the judiciary from the Executive and the Ghana government ”cannot set aside the rule of law“ and direct the ship to be released against the order of a court.
”The government of Ghana does not consider itself to be in a state of dispute with the Argentine Republic“ Appreku said.
The issue ”has placed Ghana in a difficult and delicate position because we have been unwittingly drawn into a dispute between a foreign corporation and a sovereign state with which we enjoy good and cordial relations,” Appreku said.
The crew of the vessel had not been subjected to harassment or psychological harm, said Ghana's government lawyer Anjolie Singh, and power and water were being supplied to the ship.
Argentina accused Ghana port authorities of having cut basic services to the vessel forcing the evacuation of most of the crew and cadets but for a skeleton group that are in fear of being boarded given ‘previous attempts’.
However the Ghana team also argued that the warships immunity apply to international waters and not territorial waters or when a vessel is berthed such is the case of ARA Libertad.
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The tribunal will throw the case out on the basis that none of the articles that Argentina have used in pursuit of their case apply. It was most enjoyable to watch.
In the meantime, I recommend you see the interesting link to the FI.
on.fb.me/UdfGeX
ARGENTINA ALWAYS THE VICTIMS
GOD BLESS GHANA
If they gave her the ship back
She would be able to give her people that awaited victory, raising her popularity status even more,
Then when she travels aboard she will most certainly travel by warship
As she will know it can’t be impounded .lol.
.
So if not in 1982, what other wars might it have participated in? The war against Argentinian dignity and pride? Now we might be getting somewhere.
What about the war against seagulls having no masts to sit on? A strong possibility.
Perhaps it is a warship but a counter model one? I.e absolutely no use in a war whatsoever?
No doubt Ghana will hold their nerve, They also no Argentina has NO TEETH!!!
So, continuing the nerve of the thought, what will the vulture capitalists who would lose the leverage of a US Federal Court Order do when ITLOS orders Ghana to release Argentina's training vessel? They will lobby the US Congress telling it that they could not collect on their vulture money from those horrible horrible Argentine socialist debt dodgers because the US is not a signatory to ITLOS.
Will they be successful? Maybe. A qualified maybe. And only so because of the extraordinary leverage the banks now seem to have over Washington's decision making. Yet, among staunch, old fashioned conservative Republicans, (not the new anti-middle class Republicans) there is strong resistance to subjecting US sovereignty to ITLOS. Further it is unlikely that Pres Obama would try to intervene to aid vulture capitalists---the very people who have been systematically gutting US manufacturing and offshoring it to quasi-slave labor friendly nations, e.g, China
So, if Argentina wins this round.....
seattletimes.com/html/nationworld/2019789016_apltargentinaenergy.html
Game over.
I am surprised that Cerutti did not DEMAND the immediate release of the ship because TMBOA will throw a hissy fit of enormous proportions it you don’t.
LOLs
The US hasn't totally lost out on having its most natural of partners (South/Central America) being its friend, but it's getting close.....The US ought not hold itself out as the go to nation for the neocolonial ambitions of the debt makers and exploiters of economies struggling to extricate themselves from the corruption which enveloped most South American nations until recently.........the spectacle of a US Federal Courtr Order being domesticated in Ghana to seize Argentina's naval training vessel is a disgusting reminder of the power of the IMF and World Bank (Ghana cannot eat or wipe itself without IMF/World Bank monies) operating through their vulture capitalist partners..
What about Argentina's current loans with the World Bank of $9.137 billion.
Geography isn't an RG strongpoint is it.....
The crew of the vessel had not been subjected to harassment or psychological harm, said Ghana's government lawyer Anjolie Singh, and power and water were being supplied to the ship.
World's number one protectionist county
Regarded as a pariah state by international money lenders
Only G20 country not to allow IMF to inspect its books
Ranks 158 out of 179 countries in terms of economic freedom
Lies in 100th place in the World's Index of Corrupt Nations
A R G E N T I N A
@13 I'm not sure how you work out that the Port of Tema is “internal waters”. I can't tell from a map where the “original” coastline was, but it seems to me unlikely that Ghana wouldn't have made use of any bay. Therefore, the port was probably built “out” from the shoreline. The next question is where the baseline is. If it goes round the port, I'd agree with you. But if it sticks with the original coastline...........
2) The tribunal will throw the case out on the basis that none of the articles that Argentina have used in pursuit of their case apply. It was most enjoyable to watch.“”“”“”“””
1) Yes the Ghana advocate was lethal
2) absolutely disagree... you may not ahve been party to enough legal proceedings to know that “all bets are off” once you enter any court.
“”“”Interesting that Argentina refers to The Convention of Immunity of States 2004.“”“”“
A convention is just that.
”“”“”“Argentina accused Ghana port authorities of having cut basic services to the vessel forcing the evacuation of most of the crew and cadets but for a skeleton group that are in fear of being boarded given ‘previous attempts’.”“”“”“
This sort of drama-queen approach is rather typical of Argentine politics in general: why are you surprised?
”“”“”“”“Frankly I struggle to understand why Argentina makes such bullying noises to Ghana over this.”“”“”“”
Because this Argentine Government is a bunch of drama-queens who bark before they think. Some quieter back-room diplomacy would have ended this weeks ago.... however, it has created weeks of diversion from the horrors the government is inflicting on the nation economically, so.....
I'll repeat my previous comments though: do not be surprised when Argentina achieve a 'technical' victory here. the splitting of the decision into a short-term and long-term case is indicative that the court already considers there to be different aspects to this matter: some applicable to all and some created solely by this case for very specific (and complicated) reasons.
I'd have to disagree with your view that Argentina will secure a 'technical' victory.
Having watched the final round of oral arguments I just don't see any arguments from Argentina that satisfy the points required to achieve the provisional measures they requested.
It will be interesting to see what happens.
wm.rosebud-media.net/itlos/archive/20121130_itlos_en_004.asf
The Ghanaian lawyer takes the Argentinian case to pieces with facts and not emotional rhetoric that was used by the Argentinian representatives,.
Game over RG lose again. Wait and see on Dec 15th if I am in any way wrong.
“token post” noted, BK.
On to another thread now, pls. Other Trolls are waiting.
Text of the Convention.
Article 8
Internal waters
1. Except as provided in Part IV, waters on the landward side of the
baseline of the territorial sea form part of the internal waters of the State.
2. Where the establishment of a straight baseline in accordance with the
method set forth in article 7 has the effect of enclosing as internal waters
areas which had not previously been considered as such, a right of innocent
passage as provided in this Convention shall exist in those waters.
“HAS THE EFFECT OF ENCLOSING AS INTERNAL WATERS
AREAS WHICH HAD NOT PREVIOUSLY BEEN CONSIDERED AS SUCH”
Also, the Convention is ALL about International waters with the territorial waters giving innocent passage.
Please watch the webcam of Friday PM when the QC for Ghana demolished the RG claims. At the very beginning of the formation of the Convention it was decided that internal waters are specifically excluded. It is a pity that this is not given priority in the text within part 1.
Docks and installations are clearly internal waters.
Que :- More trantrums and outbursts from KFC / Ol' Turkey Neck / TMBOA / The Harpy........
Academics in courts are hilarious. The whole thing was hilarious (9/10 on the hilari-o-meter)
That unconvincing argie academic chap did this bizarre hand on each side of the rostrum, making himself look like he was square. That bit was quite fun.
The indian and british advocates then just pretty much stood there going 'what the hell was that all about?'
With that show of nonsense, i cannot dream of how the argies could ever win. However, given the arguments about them not being in a rush, i don't think they expect to.
I have no idea if he was or if he was not.
However it was pitiful to watch him fall down each hole his 'team' had dug for him.
It was even more pitiful to watch how the excellent team for Ghana politely ripped his 'argument' to shreds.
AG fell at the first line: the waters are internal and outside the scope of the court.
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