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SETTLEMENT OF DISPUTES REGARDING THE DETENTION OF THE STENA
IMPERO SHIP
Ardi Novasela Putra,Internasional Program for law and syariah,Faculty of law, Universitas Muhammadiyah Yogyakarta,
Ardinovaselaputra@gmail.com
ABSTRACK
The Persian Gulf is a place that stores one-fifth of oil, of course for oil producing
countries, the Persian Gulf is the main destination to get petroleum supplies, but to reach the
Persian Gulf, oil tankers must pass through the Homuz Strait which is directly opposite Oman
and Iran. , which in recent years there have been frequent disputes, including the dispute that
we will discuss, namely the ousting British-owned Stena Impero tanker at Homuz Strait by
Iran. foreign ships that violate international law when passing through the territory of the
homuz strait, but the British respond differently to this act of detention of ships by Iran, they
consider this act of being knocked out by Iran as a form of retaliation for being knocked out
of the Grace 1 ship in Gibraltar, in contact with the United Nations -Nation, se rta
International Court of Justice in Las od the Sea (ITLOS) with transit transit authority. For
this right, the forgotten Iranian tanker Stena Impero, the British emblem, violates
international maritime law, so goals of this paper is to know the movement of the tanker
confiscation of retaliation or retaliation, and to analyze the form of the seizures of the Stena
Impero tanker in the Strait of Hormuz. This metode of this paper is a normative legal
research. The approach used is a conceptual approach and legislation.
BACKGROUND
The sea is one of the most effective means of international trade to date, using ships
whose capacity is much larger than land and air routes, in other words, sea routes still beat
land and air trade routes, according to The UN conference on trade and Development
(UNCTAD) progres that 80 percent of international trade is carried out sea, as the largest
means for trade international , of course the problems that occur at sea are increasingly
diverse, illegal fishing, military weapons testing, ship collisions, to the seizures of territorial
sea boundaries.
1
The Strait of Hormuz shows how busy the strait is because of the mass amount of
ships that pass through it. For the purpose of maintaining order while sailing through the
strait between the high seas and the high seas, countries that are members of the United
Nations have imposed a transit transit regime for straits used for international shipping. The
1982 UN Convention on the Law of the Sea grants ships freedom of navigation in a strait for
the purpose of continuous transit. The UNCLOS defines the boundary of the An exclusive
economic zone is an area of water that borders the territorial sea and is located outside the
territorial sea. This article also discusses the rights, jurisdictions and freedoms of states within
the exclusive economic zone, which must be respected by coastal states and other states..
2
UN conventions on the law of the sea 1982 (UNCLOS 1982) is a convention of the
UN on the law of the sea, which was ratified on December 10, 1982, is a step that regulates
international law of the sea, such as the right of peaceful territorial passage, freedom in the
high seas, and the principle of an archipelagic state, even now problems at sea still occur and
are becoming more numerous, such as on July 19, 2019 the issue of the detention of the stena
shuang wen, the strait of hormuz: a barometer in the emerging us-gulf-china triangular relationship, Georgetown
University Draft paper for Association for Asian Studies 2010
2
Yordan Gunawan, Verocha Jayustin Sastra, Lathifah Yuli Kurniasih, Adyatma Tsany Prakosa, Mutia
Ovitasari, 2020, The Validity Of Turkey-Libya’s Agreement On Maritime Boundaries In International Law,
Jurnal Hukum dan Peradilan, vol 9, no.2, p 176.
impero, a British oil tanker measuring 183 x 32 meters, which at that time escorted by the
battleship HMS Montrose to the Persian Gulf through the Homuz Strait.
3
Image Tanker Route through the Hormuz strait. Source: BBC, 2019
As a nation clsoe from the Homuz Strait, Iran have the right to comply with the way
of the transit traffic regime, because of this authority, Iran has detained the wall of british
empire, which according to Iran, the detention was carried out because the ship was serving
in the wrong lane and hit a fishing boat, but according to the UK, Iran took this action because
they wanted to retaliate because two weeks earlier the UK through Gibraltar had detained
Iran's Grace 1 oil tanker, on July 4 2019, Gibraltar with the help of the British Navy detained
the Grace 1 vessel. Iran is suspected of smuggling oil for Syria, therefore the Iranian tanker
is suspected of violating European Union sanctions against Syria in Gilbratar.
The British conflict with Iran has triggered many questions regarding the legality of the
detention of foreign vessels in international straits and how dispute resolution mechanisms
can be used to resolve this dispute.
4
cnn indonesia. 2019. British tanker seized by Iranian security forces.
https://www.cnnindonesia.com/internasional/2 0190720134541-120-413911/kapal-tankeringgris-disita
iran-security-force. accessed on 9 August 2019.
Journal Hukum universitas negeri surabaya VOLUM.7 NO.1 tahun 2020
Legalitas Iran dalam Melakukan Penahanan Kapal Asing Di Selat Hormuz Fariz Mauldiansyah
A. Research Problem
How to resolve disputes regarding the detention of the stena impero ship?
B. Research Method
The study used court cases as a standard used to measure the law. Normative
Juridical is Investigate the laws and regulations to be investigated, and investigate
and investigate library materials and secondary data that are the basis of research.This
investigation is descriptive.
Analytically The aim of the study was to provide a clear and comprehensive
picture of the provisions of international maritime law regarding a country's
compliance with international law in order to be linked to the resolution of disputes
between British-flagged tankers in the Strait of Hormuz.
DISCUSSION
A. How to resolve disputes for the seizures of stena impero ships by Iran under
international law
Iran took over the Stena Impero tanker in the Strait of Hormuz because the
ship had violated the international provisions regulating the passage through the
straits. Meanwhile, according to Britain, the confiscation was in retaliation because
Britain had previously detained a Grace 1 tanker in Gibraltar. A dispute-resolution
mechanism that can be used to settle disputes is an important part of effective dispute
resolution. In dispute resolution, other parties need to investigate and find out the
actual facts.
One of the international legal instruments governing this fact finding is the
Hague Convention on the Pacific Settlement of Dispute Article 9 of the Hague
Convention explains that international disputes about differences of opinion that
cannot be resolved through
5
other diplomatic channels can be resolved through the
International Commission of Inquiry Carry out investigations by finding facts to
resolve differences of opinion between the disputing parties, with the joint agreement
of Iran and the UK as the disputing parties and based on the time at that time,
depending on the agreement in effect, it creates an obligation for the disputing parties
to resolve the dispute by peaceful means. In light of the fact-finding work, Iran and
the UK entered into an agreement that gave rise to an obligation that the two countries
must resolve disputes in a peaceful manner through fact finding. In general,
international law allows countries to appoint agents to represent them in the case of
an international commission of inquiry. Dispute Resolution Fact Finding.
Iran took over the Stena Impero tanker as punishment for violating the
International Law of the Sea. Therefore, in order to resolve a dispute, a form of
settlement dispute in the form of fact-finding is required. One of the documents
governing international law on this fact-finding is the 1907 Hague Convention on
Pacific Conflict Resolution.
1. Peaceful settlement of disputes
5
Fariz Mauldiansyah,legalitas iran dalam melakukan penahanan kapal asing di selat hormuz, Jurist-Diction
Vol. 4 (4) 2021
Fact-finding dispute resolution can be used after negotiated dispute resolution
has been carried out, but it has not reached a satisfactory agreement for Iran and the
UK,the dispute between Iran and the UK over the confiscation of the Stena Impero
tanker can be resolved by means of fact-finding or inquiry,the form of fact-finding
dispute resolution was an option because Iran and Britain had different interpretations
of the facts of the Stena Impero tanker seizures. Claims of one party and rejection by
another party are often the cause of international disputes,international community is
now at odds as to whether a possible dispute can threaten international peace and
security. Later, if there is a dispute between Iran and Britain, they can call attention
to the UN Security Council. This is dangerous international peace and security.
The Security Council will do an investigation into the Iran seizes British flag
tanker Stena Impero in the Strait of Hormuz. The Security Council will consider the
results of the investigation and make recommendations on how to resolve disputes
between states.
6
2. Settlement of disputes through the United Nations
International organizations have a role in international dispute resolution that
has been recognized by the community international,as international institution, the
United Nations has served to maintain security and peace the world over, which has
led the UN to always ask its members to resolve disputes peacefully.
7
6
Hague Convention 1907.
7
tahta junisa artistia, budi hermono, elisabeth septin puspoayu, penyelesaian sengketa tindakan penyitaan kapal
tanker stena impero berbendera inggris oleh iran di selat hormuz menurut hukum internasional, Volume 7
number 1, January 2020
The United Nations has an international personality and is subject
international regulation, Article 104 of the United Nations charter confirms the law
capacity of the UN, and is the basis for the international dispute system of the UN.
The United Nations Charter and the Security Council have the authority to investigate
international disputes in order to determine whether they could threaten international
peace and security.
8
For later if there is a dispute between Iran and Britain, this can
lead to a dangerous international peace and security. Both Britain and Iran can call
attention directly to the UN Security Council.
The United Nations Security Council will investigate the seizures of the
tanker Stena Impero by the Iranian regime. If the result of the investigation showed
that the confiscation of the ship threatens peace and international security, Security
Council can provide recommendations regarding how to resolve disputes accordingly
with those stipulated in Article 36 of the If the Security Council later considers that
the dispute regarding.
9
the confiscation of the Stena Impero threatens international peace and
security, so the Secure Council will decide whether to take action according to Article
36 of the United Nations Charter or suggest a form of decission resolution can deemed
worthy. The Security Council can provide a recommendation to the United Kingdom
8
Yordan Gunawan, 2021, Hukum Internasional: Sebuah Pendekatan Modern, Yogyakarta: LP3M UMY. 12.
9
tahta junisa artistia, budi hermono, elisabeth septin puspoayu, penyelesaian sengketa tindakan penyitaan kapal
tanker stena impero berbendera inggris oleh iran di selat hormuz menurut hukum internasional, Volume 7
number 1, January 2020
and Iran with a view to resolving disputes concerning matters that are regulated in
Article 39 of the UN Charter.
This would be further regulated in Article 40 of the Charter UN to prevent
disputes prolonged period that could cause threat of International peace and security
,Security Council before make recommendations or steps to resolve a dispute can be
called by the UK and Iran to comply with the act while deemed necessary without
reduce the rights, claims or position of the UK and Iran. The United Nations Security
Council can use the Articles 40 and 41 of the UN Charter, which allow the use of
force, to compel Britain and Iran to take action, Articles 40 then 41 of the UN Charter,
coercion to carry out actions meanwhile by Britain and Iran if it is felt the situation
heats up and a dispute between both countries can threaten peace world, at that time
the Security Council can perform coercive action in order decisions in terms of
interim measures has been decided by the Security Council implemented by Britain
and Iran.
10
In order to take action against the North in response to its missile tests, the
Security Council may threaten to cut off trade with North Korea, cancel all of North
Korea's diplomatic relations with other countries, and use means of transportation to
forcibly repatriate North Koreans. In order to maintain or restore peace, Security
Council can use violence, including air force, sea, or land.
3. Dispute Resolution Through International Courts
10
United Nations Charter, 1945.
If Iran and Britain have agreed to choose ITLOS to complete the dispute
following the confiscation of tankers Stena Impero and have made a statement written
to the matter in accordance with the terms specified in Article 287 paragraph (1)
UNCLOS 1982, the dispute regarding the confiscation of Tanker Stena Impero at
Strait Hormuz can only be left to ITLOS as a settlement procedure, as both Iran and
Britain have chosen ITLOS. ITLOS procedure dispute resolution process was created
by Iran and Britain later deposited at the Secretary General of the United Nations
where a copy of the written statement will be forwarded to the appropriate
participating States with what has been regulated in the contents of Article 287
paragraph (8) UNCLOS 1982.
11
The International Tribunal for the Law of the Sea will determine whether the
United Kingdom's application to free the Stena Tanker Impero is a legal process the
lawsuit is prima facie reasonable. As for if UK applications are accepted, ITLOS
must process UK requests for freeing the Stena Impero Tanker submitted to him. The
UNCLOS grants the United Kingdom the right liberate a tanker under the flag of the
United Kingdom, Stena Impero, that is under the control of a foreign country.
B. Iran's Legality in Detaining Stena Impero Ships in the Strait of Hormuz
As businesses expand into more global markets, more opportunities for
international trade arise from this globalization. In line with these developments, the
shipping industry has a very important role in serving the transportation of goods
11
elisabeth septin puspoayu,cindy yunita sari,dan virania cahya ramadhani praktik illegal transhipment di laut
lepas berdasarkan hukum laut internasional
across borders. A ship crossing the world's sea is like to become involve in disputes
by either its mode of operation or by trading. The practice of shipping is often related
to the need for ships to collide, rescue, tow, or prevent pollution. There are also
decission between ships and cargo, or passengers.
The international shipping industry is frequently engaged in disputes
regarding different laws and how they are enforced, so it is important to have a law
12
that can be enforced. As a result, civil action against named defendants may not be
a sufficient way to secure quick remedies for maritime claims.
The capture of ships is a mechanism for the international shipping and trade
community to secure and enforce maritime claims. In a cross maritime dispute, the
ship also cargo owners have a vested interest in ensuring that legitimate trade is not
compromised by unjustified or wrongful capture of vessels, while the claimants have
a vested interest in securing the security of their claims. The 1952 and 1999 Fishing
Conventions were established to harmonize the different approaches adopted by
different domestic legal systems.
13
At the 1952 Convention on the Capture of Ships, 70 states signed on to the
convention, making it enforceable. Critics argue that the closed list of claims on
which to base arrest could be too restrictive, because is not allow for arrests in respect
of unpaid insurance premiums. The draft 1952 Capture Convention have a criticized
so far for its ambiguous wording in certain passages, inviting completely different
12
ship arrest in indonesia and cross-border maritime dispute immanuel a. indrawan
13
carlos ricardo caichiolo meridiano international law and dispute settlement mechanism ,47, 17: e17016, 2016
interpretations of civil law and general courtsSome civil courts interpret Article 3 (4)
to mean that the charterer's debt may result in the vessel being hijacked.Reprisal is an
act of retaliation which is included in the form of forced dispute resolution which is
recognized in international law. Kelsen defines reprisal as a punitive action taken by
one country to avenge a violation of its rights committed by another country. Starke
said that the element of retaliation is when someone violates the law.
14
On July 4, 2019, before the Stena Impero tanker was seized by Iran, Britain
first detained Iran's Grace 1 ship in Gibraltar. Grace 1 was detained for allegedly
carrying oil to Syria which at that time Syria was being sanctioned by European
Union. Iran is not a member of the European Union so EU sanctions against sending
oil to Syria should not apply to Iran. It is also known that the detention of the Grace
1 Ship was due to political requests from the United States.
Iran could investigate a British tanker suspected of violating international law.
Provided Iran cannot hold her for longer than necessary. UNCLOS 1982 prohibits
detention of foreign ships beyond the required time.
The State may not delay a foreign vessel beyond the time required for the
special investigations set out in Articles 216, 218 and 220. Physical inspection of
foreign ships is limited to inspection of certificates, records, or other documents, or
similar documents, that must carry the ship in accordance with generally accepted
international rules and standards. Further physical inspection of the ship can only be
performed after this inspection if:
14
neils watt, a tale of two tankers
There are signs that the condition of the ship or its equipment does not
essentially match the information in these documents, and that the content of these
documents is insufficient to confirm or verify the suspicion Violation, or the ship does
not have a valid certificate and record. If the investigation reveals a breach of
applicable laws and regulations or international regulations and standards relating to
the protection and conservation of the marine environment, follow appropriate
procedures such as guarantees or other reasonable international regulations and
standards for financial security. You need to release it immediately. If the vessel poses
an undue threat to the marine environment due to the vessel's seaworthiness, the
vessel may be rejected or rely on visiting the nearest appropriate repair yard. If the
flag state of a vessel refuses or delays customs clearance of a vessel, you can notify
the flag state and apply for customs clearance of the vessel in accordance with Part
XV.
CONCLUSSION
Meanwhile, according to Britain, the confiscation was in retaliation because
Britain had previously detained the Grace 1 Tanker in Gibraltar. One of the
instruments governing international law regarding this fact finding is the Hague
Convention on the Pacific Settlement of Disputes 1907 (hereinafter referred to The
Hague Convention). It is likely that there will be a dispute that could cause friction
or strife, and it will be important to determine whether it threatens international peace
and security. So that if there is a dispute between Iran and Britain later, It would be
dangerous for international peace and security. Security Council will investigate the
seizures of a British-flagged tanker, the Stena Impero, at the Strait of Hormuz by Iran.
The investigation showed that the confiscation of the ship would threaten
international peace and security, Security Council can provide recommendations
regarding how to resolve disputes according to Article 36 of the Charter UN of the
following with Article 34 of the United Nations Charter, the UN Security Council has
the authority to investigate possible disputes causing friction or strife. The Security
Council will decide whether the dispute can threaten peace international and security.
If there is a dispute between Iran and Britain, each country must come to the UN
Secure Council to state their case and receive a ruling. This would be a risky move,
which could lead to dangerous international peace and security. The United Nations
Security Council will investigate the seizures of the British-flagged Stena Impero at
the Strait of Hormuz by Iran. If the investigations showed that the confiscation of the
ship threatens peace and international security, the Security Council could provide
recommendations regarding how to resolve disputes accordingly with those stipulated
in Article 36 of the Charter.
15
REFERENCES
JOURNAL
A Tale of Two Tankers by neils watt.
15
Article 36 of the Charter the United Nations.
Budi hermono, Elisabeth septin puspoayu, penyelesaian sengketa tindakan penyitaan
kapal tanker stena impero berbendera inggris oleh iran di selat hormuz menurut hukum
internasional, Volume 7 number 1, January 2020.
Carlos ricardo caichiolo meridiano international law and dispute settlement
mechanism ,47, 17: e17016, 2016.
Eisabeth septin puspoayu,Cindy yunita sari,dan Virania cahya ramadhani praktik
illegal transhipment di laut lepas berdasarkan hukum laut internasional
Journal Hukum universitas negeri surabaya VOLUM.7 NO.1 tahun 2020
Fariz Mauldiansyah,Legalitas Iran dalam Melakukan Penahanan Kapal Asing Di
Selat Hormuz,Journal Hukum universitas negeri surabaya VOLUM.7 NO.1 tahun 2020
John E. Noyes, The International Tribunal for the Law of the Sea,vol.32, The
International Tribunal for the Law of the Sea
ship arrest in indonesia and cross-border maritime dispute immanuel a. indrawan.
Shuang Wen, 2010, The Strait of Hormuz: A Barometer in the Emerging US-Gulf-
China Triangular Relationship, Draft Paper for Association for Asian Studies, p 2.
The International Tribunal for the Law of the Sea John E. Noye
Yordan Gunawan, Verocha Jayustin Sastra, Lathifah Yuli Kurniasih, Adyatma Tsany
Prakosa, Mutia Ovitasari, 2020, The Validity Of Turkey-Libya’s Agreement On Maritime
Boundaries In International Law, Jurnal Hukum dan Peradilan, vol 9, no.2, p 176.
Yordan Gunawan, 2021, Hukum Internasional: Sebuah Pendekatan Modern,
Yogyakarta: LP3M UMY. 12.
LAW
United Nations Convention On The Law Of The Sea
United Nations Charter, 1945.
Hague Convention 1907.
INTERNET
CNN Indonesia. 2019. British tanker seized by Iranian security forces.
https://www.cnnindonesia.com/internasional/20190720134541-120-413911/kapal-
tankeringgris-seized forces-keamanan-iran. Retrieved August 9, 2019.
Image of the Stena Impero Tanker Route through the Strait of Hormuz. Source: BBC,
2019
