Hostname: page-component-5c6d5d7d68-wbk2r Total loading time: 0 Render date: 2024-08-10T05:23:05.395Z Has data issue: false hasContentIssue false

The Monte Confurco (Seychelles v. France)

International Tribunal for the Law of the Sea.  18 December 2000 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)