Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea

In accordance with Article 292 of the UNCLOS 1982, the International Tribunal for the Law of the Sea shall in its judgment determine in each case whether or not the allegation made by the applicant that the detaining State has not complied with a provision of the Convention for the prompt release of...

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Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Conference or Workshop Item
Language:	English
Published:	2011
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/15592/ http://irep.iium.edu.my/15592/ http://irep.iium.edu.my/15592/1/Prompt_Release_Obligation_%28Prof._Ghafur%29_%288th_ASLI_Paper%29.pdf

id	iium-15592
recordtype	eprints
spelling	iium-155922012-02-09T05:36:34Z http://irep.iium.edu.my/15592/ Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations In accordance with Article 292 of the UNCLOS 1982, the International Tribunal for the Law of the Sea shall in its judgment determine in each case whether or not the allegation made by the applicant that the detaining State has not complied with a provision of the Convention for the prompt release of the vessel or the crew upon the posting of a reasonable bond or other financial security is well-founded. Because the 1982 Convention bestows extended jurisdiction on coastal States - a jurisdiction reaching far beyond the territorial seas - this new procedural safeguard of Article 292 is said to have been incorporated as a quid pro quo in order to safeguard the interests of the shipping nations. The present paper is an attempt to observe how Article 292 is in fact interpreted and applied by the ITLOS in the nine prompt release cases filed before it to date. The main thrust of the paper is to examine whether the overriding purpose of Article 292, that is, to serve as a compromise between the conflicting interests of the coastal and the flag states is fulfilled. 2011-05-27 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/15592/1/Prompt_Release_Obligation_%28Prof._Ghafur%29_%288th_ASLI_Paper%29.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2011) Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea. In: 8th Asian Law Institute Conference (ASLI), 26th - 27th May 2011, Faculty of Law, Kyushu University, Fukoaka, Japan. (Unpublished) http://law.nus.edu.sg/asli/8th_asli_conf/pdf/8th_ASLI_Programme_and_panels.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Hamid, Abdul Ghafur@Khin Maung Sein Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea
description	In accordance with Article 292 of the UNCLOS 1982, the International Tribunal for the Law of the Sea shall in its judgment determine in each case whether or not the allegation made by the applicant that the detaining State has not complied with a provision of the Convention for the prompt release of the vessel or the crew upon the posting of a reasonable bond or other financial security is well-founded. Because the 1982 Convention bestows extended jurisdiction on coastal States - a jurisdiction reaching far beyond the territorial seas - this new procedural safeguard of Article 292 is said to have been incorporated as a quid pro quo in order to safeguard the interests of the shipping nations. The present paper is an attempt to observe how Article 292 is in fact interpreted and applied by the ITLOS in the nine prompt release cases filed before it to date. The main thrust of the paper is to examine whether the overriding purpose of Article 292, that is, to serve as a compromise between the conflicting interests of the coastal and the flag states is fulfilled.
format	Conference or Workshop Item
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea
title_short	Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea
title_full	Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea
title_fullStr	Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea
title_full_unstemmed	Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea
title_sort	prompt release obligation in the jurisprudence of the international tribunal for the law of the sea
publishDate	2011
url	http://irep.iium.edu.my/15592/ http://irep.iium.edu.my/15592/ http://irep.iium.edu.my/15592/1/Prompt_Release_Obligation_%28Prof._Ghafur%29_%288th_ASLI_Paper%29.pdf
first_indexed	2023-09-18T20:24:32Z
last_indexed	2023-09-18T20:24:32Z
_version_	1777408327836237824

Prompt release obligation in the jurisprudence of the International Tribunal for the Law of the Sea

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