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The United Nations Convention on the Law of the Sea \

Author: SongXiaoMin
Tutor: GaoJianJun
School: China University of Political Science
Course: International Law
Keywords: United Nations Convention on the Law of the Sea Rapid release of Jurisdiction Acceptability To guarantee the reasonableness of the assessment
CLC: D993.5
Type: Master's thesis
Year: 2008
Downloads: 67
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Abstract


Coastal States have been given the power to the implementation of laws and regulations is based on the United Nations Convention on the Law of the Sea \enforcement measures, including the crew. The long detention of the ship and its crew may make the vessel, its owners or other areas suffered huge economic losses could have been avoided. In order to avoid such losses, but also in order to balance the interests of coastal States in the enforcement powers of the flag State in the interests of freedom of navigation, \In practice, since the founding of the International Tribunal for the Law of the Sea since August 1, 1996, has been hearing the \9 \cases. Prompt release cases before the International Tribunal for the Law of the Sea 9 for a basic object of study and based on prompt release proceedings of the Convention, in order to provide guidance and reference for our future may be encountered such disputes. This article consists of four parts: the first chapter, \Start from the formulation of the background of section 292 of the Convention, and briefly describes the purpose of Convention 292 of the special procedures are to be achieved; and rapid release of the program mandatory, rapid, independence and personal flag State submit an application in the name of these characteristics of the discourse. Chapter II \The first section from the International Tribunal for the Law of the Sea to enjoy the jurisdiction of the case should have the basic conditions, a detailed analysis of the key issue of the detained vessel to the flag State to determine \Section II examines the acceptability of prompt release proceedings, respectively discuss the scope of prompt release proceedings, the domestic court proceedings, whether or not to submit a bond or other financial security of the detaining State earlier guarantee or other financial guarantee, the confiscation of the detained vessels and other issues of acceptability. Among them, demonstrated rapid release of the type of procedure applicable to the arrest of ships, the timing of applications filed, pending litigation and abuse of process, the confiscation of the detained vessels. Chapter III \penalties may be imposed, the detained vessel, and the deduction value of the goods or equipment, detaining State set amount of the deposit, the deposit of non-financial conditions. Fourth chapter is the conclusion of this article, the practice of the International Tribunal for the Law of the Sea in the adjudication of the prompt release cases, summary, fully affirmed the rapid release of the active role of this particular program, and made a court has been practice to coastal States and flag country activities in the marine practice to provide some guidelines and references.

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CLC: > Political, legal > Legal > International law > Territory > Law of the Sea
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