A Study on Cases Concerning Prompt Release before ITLOS
Date Issued
2011
Date
2011
Author(s)
Wei, Cheng-Chieh
Abstract
In order to protect the flag state against excessive detentions of its vessels and crews, and to render a remedy for actions taken in exercise of certain jurisdiction by costal state or port state, Article 292 of the 1982 United Nations Convention on the Law of the Sea confers jurisdictions on international tribunals over any dispute with respect to prompt release of detained vessels and crews. This provision on prompt release accommodates economic and humanitarian as well as safety and environmental concerns.
In the list of cases of the International Tribunal for the Law of the Sea which began its work in 1996, 9 out of the total 19 cases relate to the prompt release proceeding under Article 292. The Tribunal in its judgments made significant contribution on elaboration of the reasonable bond or other financial guarantee to be posted in exchange for the release of the vessels and crews in detention, especially regarding its conception and the relevant factors of reasonableness assessment. It is worthwhile to carry out a thorough study. This thesis firstly introduces the dispute settlement mechanism of contemporary law of the sea and the institution of International Tribunal for the Law, secondly the prompt release procedure under Article 292, including its legislative history, substantive requirements and procedural characteristics. Chapter four examines the relevant prompt release cases submitted before the International Tribunal for the Law of the Sea, and chapter five provides an overall and systematic analysis on the reasonable bond or other financial guarantee based on the review of the jurisprudence of the Tribunal. In final chapter, this thesis concludes with some observations and comments from the perspective of contemporary law of the sea.
Subjects
the International Tribunal for the Law of the Sea
prompt release of vessels and crews
settlement of disputes
1982 United Nations Convention on the Law of the Sea
the reasonable bond or other financial guarantee
Type
thesis
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