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The Juno Trader

International Tribunal for the Law of the Sea.  18 December 2004 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — International Tribunal for the Law of the Sea — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Guinea-Bissau and Saint Vincent and the Grenadines both States Parties to Convention — Saint Vincent and the Grenadines instituting proceedings under Article 292 of Convention — Jurisdiction and admissibility — Relationship between International Tribunal and domestic courts and administration — Decision of the International Tribunal under Article 292

International tribunals — Application for prompt release under Article 292 of the Convention — Rules of Procedure and Evidence — Rule 111(4) of Rules of Procedure — Implications for principle of equality of opportunity for parties — Rule 111 (4) of Rules — Whether failure to file a Statement in Response placing detaining State in a position of unfair advantage

Sea — Exclusive Economic Zone (“EEZ”) — Arrest of vessel — United Nations Convention on the Law of the Sea, 1982 — Articles 73 and 292 of Convention — Procedures for ensuring prompt release of vessels and crew — Declaration accepting jurisdiction of Court

Jurisdiction — Coastal State jurisdiction — Exercise of sovereign rights of coastal State — Juno Trader flying flag of Saint Vincent and the Grenadines — Allegation of illegal fishing in EEZ of Guinea-Bissau — Seizure of vessel, fish and equipment — Bond for release of vessel set by order of Ministerial Maritime Control Commission of Guinea-Bissau — Order suspended pending final decision by Regional Court of Bissau — Saint Vincent and the Grenadines contesting legality of the bond

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Article 73 (2), (3) and (4) — Meaning of expression “reasonable bond or other financial security” in Article 292 — Whether bond set for release of vessel reasonable — Consideration by International Tribunal of level and elements of bond — Consideration by International Tribunal of facts and circumstances of case — Valuation of vessel — Assessment of gravity of alleged offences — Whether international concern over illegal fishing relevant to assessment of gravity and to level of bond — Whether value of seized catch and fishing gear forming part of the bond — Determination of reasonable bond by International Tribunal — Arrangements for posting of bond

Type
Case Report
Copyright
© Cambridge University Press 2007

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