The Monte Confurco (Seychelles 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 — Seychelles and France both States Parties to the Convention — Seychelles instituting proceedings under Article 292 of Convention — Jurisdiction and admissibility — Relationship between International Tribunal and domestic courts and administration — Decision of the International Tribunal under Article 292

Sea — Exclusive economic zone (“EEZ”) — 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 — International concern over illegal, unregulated and unreported fishing in the Southern Oceans — Patagonian toothfish — Commission for the Conservation of Antarctic Marine Living Resources

Sea — Coastal State jurisdiction — Exercise of sovereign rights of coastal State — Monte Confurco flying flag of Seychelles — Allegation of illegal fishing in EEZ of the Kerguelen Islands in the French Southern and Antarctic Territories — Seizure of vessel, catch and equipment — Bond for release of vessel set by court of first instance, Reunion — Seychelles contesting legality of the bond

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982, Article 73(2), (3) and (4) — Meaning of the expression “reasonable bond or other financial security” in Article 292 — Whether bond set for release of vessel reasonable — Level and elements of bond — Facts and circumstances of case — Valuation of vessel — Assessment of gravity of alleged offences — Whether international concern over illegal fishing relevant to assessment of gravity and to level of bond — Whether value of seized catch and fishing gear form part of bond — Determination of reasonable bond by International Tribunal — Arrangements for posting of bond