Published 2003-10-01
Keywords
- The 'Volga',
- illegal fishing,
- exclusive economic zone,
- International Tribunal for the Law of the Sea,
- UNCLOS 1982
- vessel seizure,
- release of vessel,
- reasonable bond,
- conditions of release,
- public international law,
- security ...More
Abstract
This address was given as part of Business Session 1, on the topic of 'Is the Ocean a Free For All?’, and delivered by The Hon Justice Richard Cooper. This particular copy of the address was originally published in Volume 18 of the MLAANZ Journal (2004).
In this paper, Judge Nelson discusses the ‘Volga’ Case, in particular the applicable topics of reasonable bonds, illegal, uncontrolled, and undeclared fishing, non-financial bond conditions, the value of arrested vessels, use of the proceeds of the sale of catch, matters relating to the circumstances of seizure (under UNCLOS art 111), bonds for the release of crew, and the meanings of ‘reasonable’ and ‘suffisante’ in such cases. Judge Nelson concludes that the ‘Volga’ Case can be considered a milestone in the development of the jurisprudence of the Tribunal concerning the interpretation and application of the provisions of UNCLOS regarding the prompt release of vessels.