The Grand Prince (Belize v. France)

Abstract

International tribunals — International Tribunal for the Law of the Sea — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Belize and France both States Parties to the Convention — Belize instituting proceedings under Article 292 of Convention — Jurisdiction under Article 292 of Convention — Power of International Tribunal to examine issue of jurisdiction proprio motu — Consideration of documentary evidence placed before International Tribunal by parties to the dispute — Whether International Tribunal should seek further clarification from the parties — Relationship between International Tribunal and domestic courts and administration — Decision of the International Tribunal under Article 292

Sea — Exclusive economic zone (“EEZ”) — Illegal fishing — Arrest of vessel — United Nations Convention on the Law of the Sea, 1982, Articles 292 and 73 — Procedures for ensuring prompt release of vessels and crew

Sea — Coastal State jurisdiction — Exercise of sovereign rights of coastal State — Grand Prince flying flag of Belize — Allegation of illegal fishing in EEZ of the Kerguelen Islands in the French Southern and Antarctic Territories — Prosecution of Master of vessel — Seizure of vessel — Bond for release of vessel set by court of first instance, Réunion — Confiscation of vessel, catch and equipment ordered by criminal court — Belize challenging legality of confiscation

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Article 292 concerning prompt release — Article 91 concerning nationality of ships — Requirements under Article 91 — Factors relevant to determining nationality of ships — Documentary evidence regarding nationality and registration of ships