TITLE

Reasonableness of the Bond under Article 292 of the LOS Convention: Practice of the ITLOS

AUTHOR(S)
Gao Jianjun
PUB. DATE
March 2008
SOURCE
Chinese Journal of International Law;Mar2008, Vol. 7 Issue 1, p115
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The International Tribunal for the Law of the Sea plays an important role in the formation of the rules concerning the reasonableness of the bond in the prompt release proceedings under the LOS Convention. In order to strike a balance between the interests of the flag State and the detaining State, the amount of the bond should not be unrelated to the gravity of the alleged offences, and it should be able to secure the enforcement of the judgment of the domestic court on the merits of the case after the release of the detained vessel and its crew. Thus, the penalties imposable under the laws of the detaining State should be taken sufficient account of. The gravity of the alleged offences may be evaluated by reference to the facts and circumstances of the particular case.
ACCESSION #
31639685

 

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