Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-09T08:59:23.728Z Has data issue: false hasContentIssue false

‘Reasonableness’ in the Law of the Sea: The Prompt Release of the Volga

Published online by Cambridge University Press:  16 October 2003

Abstract

The jurisdiction of the International Tribunal for the Law of the Sea to hear applications for the prompt release of vessels and crew was recently invoked by the Russian Federation against Australia in the Volga case. In determining whether the bonding arrangements set by Australia were ‘reasonable’ under Article 73(2) of UNCLOS, the Tribunal clarified several issues regarding prompt release applications, and most significantly, held that non-financial conditions and ‘good behaviour bonds’ were not permissible. In rendering its decision, the Tribunal adhered to the ‘guiding criterion’ of balancing the interests of the flag state and coastal state in determining the reasonableness of the bond. It is submitted that this test is inappropriate, and that this decision will create difficulties for coastal states seeking to control illegal fishing.

Type
Research Article
Copyright
© 2003 Foundation of the Leiden Journal of International Law

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.)