(a) Submissions of the parties on the exercise of the right of Saint Vincent and the Grenadines in the exclusive economic zone of Guinea.
1. Although I do not agree with every single argument and every detail of the analysis of the Tribunal, I voted in favour of the operative paragraphs of the Judgment (except paragraphs (11) and (13)) as I do agree with the conclusions they contain.
However, I am obliged to attach this Separate Opinion to the Judgment as I do not fully share the attitude of the Tribunal in respect of the main submission of both parties. In paragraph 1 of its final submissions, Saint Vincent and the Grenadines asks the Tribunal to adjudge and declare that:
the actions of Guinea (inter alia the attack on the m/v “Saiga” and her crew in the exclusive economic zone of Sierra Leone, its subsequent arrest, its detention and the removal of the cargo of gasoil, its filing of charges against St. Vincent & the Grenadines and its subsequently issuing a judgment against them) violate the right of St. Vincent & the Grenadines and vessels flying its flag to enjoy freedom of navigation and/or other internationally lawful uses of the sea related to the freedom of navigation, as set forth in Articles 56(2) and 58 and related provisions of the Convention.