Nationality of ships - genuine link - customs enforcement jurisdiction - hot pursuit - use of force during arrest - bunkering - exhaustion of local remedies - reparation

Article Abstract:

The International Tribunal for the Law of the Sea ruled in the M/V Saiga case that Guinea had violated the UN Convention on the Law of the Sea when it attacked, boarded, and confiscated cargo from the M/V Saiga, a ship licensed by Guinea to fish in its exclusive economic zone and awarded damages to its owners.

Ships, Customs administration, Conflict of laws, Restitution, Nationality of ships, Jurisdiction

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Prompt release of vessels and crews - exhaustion of local remedies - lis pendens - amount and form of reasonable bond - UN Convention on the Law of the Sea

Article Abstract:

The authors discuss the International Tribunal for the Law of the Sea's decision in Panama v. France (The Camouco), regarding questions of exhaustion of local remedies and reasonable bond following a request for quick release of a seized ship under the UN Convention on the Law of the Sea.

Bonds, Bonds (Securities), Lis pendens, Arrest of ships

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Applicability of procedure for securing prompt release of vessels and crews under UN Convention on the Law of the Sea - burden of proof - bunkering of fishing vessels in exclusive economic zone - hot pursuit - reasonable bond

Article Abstract:

The International Tribunal for the Law of the Sea applied art. 292 of the UN Convention on the Law of the Sea in ordering a prompt bond procedure for a ship detained for smuggling, despite the fact that art. 292 does not apply to smuggling issues. The tribunal noted that an art. 292 proceeding is independent from any proceeding on the merits. The tribunal avoided the issue of smuggling by not addressing what constitutes 'hot pursuit' under the convention.

Interpretation and construction, Laws, regulations and rules, Burden of proof, Maritime law, Seizure of vessels and cargoes, Ship seizures, international

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