I voted in favour of the Judgment in the M/V “SAIGA” (No. 2) case. However, I have my own opinion concerning the thorny issue of “bunkering and freedom of navigation”.

1. The Applicant alleges that offshore bunkering is a global multi-million dollar industry involving all of the major oil companies and numerous independent companies. It tries to give the impression that bunkering is a lawful activity on the high seas falling within the freedom of navigation.

Indeed, some States or regions regard offshore bunkering as among their principal activities, as illustrated by the Applicant. This does not mean, however, that bunkering has become a universal practice of States. Far from it, among the 35 offshore bunkering companies illustrated by the Applicant (Reply on behalf of Saint Vincent and the Grenadines, 19 November 1998, pp. 12–13), none is from the UK, France, Italy, Spain, Belgium or Austria in West Europe, or from East European or North American countries except one. None is from China, Russia, Japan, India, Indonesia, Brazil or Argentina, among others. Accordingly, bunkering can hardly be considered as a lawful global industry involving all the major companies.