The Hoshinmaru

Abstract

International tribunals — International Tribunal for the Law of the Sea — Jurisdiction and admissibility — United Nations Convention on the Law of the Sea, 1982, Article 292 — Japan filing Application against Russian Federation for prompt release of vessel — Whether Tribunal having jurisdiction — Whether Application admissible — Whether Russian Federation breaching obligations under Article 73(2) of Convention

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Articles 73(2) and 292 — Whether Respondent complying with Article 73(2) of Convention — Whether Respondent providing for prompt release of vessel and crew upon posting of a reasonable bond or financial security — Time-limit for setting bond — Whether bond reasonable — Relevant factors — Facts and circumstances of case — Document concerning bond calculation communicated by Russia to Japan within framework of Russian — Japanese Commission on Fisheries — Whether Japan tacitly consenting — Whether bond of 22 million roubles reasonable — Determination by Tribunal of amount, nature and form of bond or other financial security to be posted — Article 113(2) of Rules of Tribunal — Article 293 of Convention — Applicability of Convention provisions and other international law rules not incompatible with Convention

Sea — Exclusive economic zone (“EEZ”) — Environment — Arrest and detention of Japanese vessel fishing in EEZ of Russian Federation with valid licence — Application for prompt release — Alleged offence of false record of catch of fish — Gravity of offence — Conservation and management of fish stocks in Russian EEZ — Bilateral cooperation between Japan and Russian Federation