Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-23T17:29:18.339Z Has data issue: false hasContentIssue false

The Hoshinmaru

International Tribunal for the Law of the Sea.  06 August 2007 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International tribunals — International Tribunal for the Law of the Sea — Jurisdiction and admissibility — United Nations Convention on the Law of the Sea, 1982, Article 292 — Japan filing Application against Russian Federation for prompt release of vessel — Whether Tribunal having jurisdiction — Whether Application admissible — Whether Russian Federation breaching obligations under Article 73(2) of Convention

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Articles 73(2) and 292 — Whether Respondent complying with Article 73(2) of Convention — Whether Respondent providing for prompt release of vessel and crew upon posting of a reasonable bond or financial security — Time-limit for setting bond — Whether bond reasonable — Relevant factors — Facts and circumstances of case — Document concerning bond calculation communicated by Russia to Japan within framework of Russian — Japanese Commission on Fisheries — Whether Japan tacitly consenting — Whether bond of 22 million roubles reasonable — Determination by Tribunal of amount, nature and form of bond or other financial security to be posted — Article 113(2) of Rules of Tribunal — Article 293 of Convention — Applicability of Convention provisions and other international law rules not incompatible with Convention

Sea — Exclusive economic zone (“EEZ”) — Environment — Arrest and detention of Japanese vessel fishing in EEZ of Russian Federation with valid licence — Application for prompt release — Alleged offence of false record of catch of fish — Gravity of offence — Conservation and management of fish stocks in Russian EEZ — Bilateral cooperation between Japan and Russian Federation

Type
Case Report
Copyright
© Cambridge University Press 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)