Study On Reasonable Security Of Prompt Release Before ITLOS

The disputes as to ocean fishing and detention of the vessels and crews by coastal state have become frequent under the reason of continuous development of fishing technology and the enlarging working scope of ocean fishing.Taking humanitarianism and income of the crews into consideration,Article 292 of the 1982 United Nations Convention on the Law of the Sea(hereinafter “the Convention”)provides a prompt release procedure for balancing the interests between the flag State and the coastal States and providing legal guidance for the peaceful settlement of fishery disputes-seeking the prompt release of detained vessels and crews.From the view of the prompt release of international judicial practice,in the nine applications for prompt release before the International Tribunal for the Law of the Sea(hereinafter “the Tribunal”),the parties and the Tribunal were mainly concerned with the reasonable security imposed by the Article 292 of UNCLOS.Hence,the scope of this study will be limited to the following two aspects:First,by summarizing the provisions in relation to the prompt release of the Convention,it can be found that Article 73,Paragraph 2 which concerning with sovereign rights on living resources(generally as fishery resource)in EEZ and Article 226,Paragraph 1(b)which concerning protection and preservation of the marine environment and Article 226 Paragraph 1(c)which concerning with seaworthiness of the vessels.Under the background of increasing number of fishery disputes,the scope of this study is limited to the cases where the application for prompt release under the Article 292 of the Convention suing for violating the Article73 of Convention that authorizing the exclusive right in exclusive economic zone of coastal state.Secondly,the scope of this study will focus on the " reasonableness of reasonable bond or other financial security" which were heard by ITLOS.In the case where the court has so far heard,the most controversial part is the reasonableness of the bond and other financial security which are the core of this paper.Not only the jurisdiction and acceptability but also the nationality of the vessels and the principle of exhaustion of local remedies involved in the cases are not the studying object.The first part of this study introduces the “Volga ” case which was heard by ITLOS to summarize the controversies in the cases from the perspective of judicial practice for the main purpose of putting forward all the valuable arguments related to reasonable security as paving the way for the following discussion.The second part mainly discusses the application of the reasonable bond or other financial security and analyzes the meaning of the terms from the provisions Article 73 and Article 292 of the Convention contributing the correct comprehension and application of the provisions.The third part mainly discusses the evaluation of reasonable bond or other financial security and puts forward the author’s understanding of criteria of the evaluation in the summary after analyzing the criteria of evaluation.The fourth part consists of the prospective of solving increasing fishery disputes facing our country and author’s advice from The “Volga” Case.