1. I have voted for the Order, including the provisional measures allowing for the release the ship and its crew so that they are allowed to leave Russia without further delay upon the posting of a bond. I would add the following points.
The non-appearance of the Russian Federation
2. In considering the request submitted by the Netherlands, the Tribunal did not have the benefit of receiving the Russian Federation’s account of the facts, notably the events occurring on 18 and 19 September 2013 prior to the arrest of the Arctic Sunrise, as well as the Russian Federation’s arguments on points of law. While the position of the Netherlands was made clear, the stance of the Russian Federation had to be taken from its diplomatic communications, legislation and the decisions of courts in the Russian Federation. Unfortunately, these materials were both incomplete and in places inconsistent, making the task of the Tribunal more difficult.1 Thus, the decision of the Russian Federation not to appear in this case is to be regretted. Non-appearance does not serve the efficient application of Part XV of the Convention or, more widely, the rule of law in international relations.