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Prompt Release Veseles And Crews Of International Tribunal For The Law Of The Sea

Posted on:2014-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q XuFull Text:PDF
GTID:2256330422451289Subject:International law
Abstract/Summary:PDF Full Text Request
With the economic progress and social development, the world has entered the era of ocean. Countries pay more attention to the exploitation and protection of marine resources. Disputes even conflicts occur from time to time. In order to solve disputes between states and even state and crew, International Tribunal for the Law of Sea created the system of prompt release.Using standard analysis method to analyze the causes and conditions of the specific provisions of the International Tribunal for the Law helps to trial of the case. Interpretation of the international tribunal for the law of sea for the conditions of jurisdiction of prompt release is a prerequisite for the trial of such cases. Explore the judicial practice of the International Tribunal for the prompt release of a request filed is good for the handling of cases.A flag state or persons from flag states may come into a lot of situations when protecting its property or personal rights after the jurisdiction of the International Tribunal of the Law of Sea. Thus it is necessary to analyze the relation between the prompt release procedures and the domestic court procedures, to analyze the pending domestic court procedures with value analysis method and the detaining State seizure proceedings and to figure out whether it is a situation for the exhaustion of local remedies in order to solve the case.Since the founding of the ITLS (the International Tribunal for the Law of Sea), cases for prompt release has taken up the majority of cases it has trialed. In recent years, Chinese boats have been frequently detained, fisherman been arrested. This aticle argues cases in recent years with case analysis method, summarizes the general characteristics of prompt release in judicial practice. And finally make suggestions and countermeasures for the acceptance of our country of the Tribunal’s jurisdiction.
Keywords/Search Tags:International Tribunal for the Law of the Sea, rapid release, jurisdiction, domestic proceedings
PDF Full Text Request
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