On 3 June 2024, Luxembourg instituted proceedings before the International Tribunal for the Law of the Sea (ITLOS) against Mexico in a dispute regarding the detention of the “Zheng He”, a dredger flying the flag of Luxembourg. Both States have exercised their rights in selecting ITLOS in respect of their choice of procedure for the settlement of disputes concerning the interpretation or application of UNCLOS (UNCLOS, Article 287(1); Mexico (1983): 1. ITLOS, 2. ICJ, 3. Annex VIII Tribunals; Luxembourg (2024) 1. ITLOS).
According to the Application submitted by Luxembourg:
2. The dispute concerns, among other things, the violation by Mexico of the provisions of the Convention relating to the freedom and right of navigation and/or the uses of the sea for other internationally lawful purposes referred to in article 58 of the Convention.
Application submitted by Luxembourg, paras 2 & 16 [See original in French]
[…]
16. For these reasons, Luxembourg asks the Tribunal to rule that:
a. Mexico has violated the provisions of Articles 2, 17, 18, 19, 21, 58, 87, 90, 92, 131 and 300 of the Convention. Consequently, Mexico’s international responsibility is engaged.
[…]
According to the Application submitted by Luxembourg, Luxembourg will also seek to exercise other rights available under UNCLOS:
5. As the Tribunal does not include any members of its nationality, in accordance with the provisions of article 17(3) of the Statute [UNCLOS, Annex VI], Luxembourg intends to designate as soon as possible a person of its choice to sit as a member of the Tribunal and to hear the present case.
Application submitted by Luxembourg, paras 5 & 17 [See original in French]
[…]
17. On or about the date of the filing of this Application instituting proceedings before the International Tribunal for the Law of the Sea, Luxembourg will institute a request for the prescription of provisional measures in accordance with article 290, paragraph 1, of the Convention.
For more information see The “Zheng He” Case (Luxembourg v. Mexico).
De Maribus 