Prompt Release in the United Nations Convention on the Law of the Sea: Some Reflections on the ITLOS Jurisprudence

Abstract

The disputes relating to prompt release constitute an important part of the case law of the International Tribunal for the Law of the Sea. The frequency of the use of prompt release proceedings may be explained by the fact that illegal fisheries have increased owing to the exhaustion of biological resources. Considering that the exhaustion of renewable resources entails a serious problem, conflicts regarding illegal fisheries and the detention of vessels and crews will increase. This study examines the procedure for prompt release under Article 292 of the UN Convention on the Law of the Sea by focusing on the case law of the Tribunal. In particular, this study addresses the issues concerning substantive and procedural requirements provided in Article 292, locus standi, the relation between proceedings of the Tribunal and of domestic courts, and criteria for evaluating ‘reasonable’ bond.