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Kinnipeetud välismaa laevade ja laevaperede viivitamatu vabastamine

Author(s): Heiki Lindpere

Journal: Acta Societatis Martensis
ISSN 1736-3918

Volume: 2;
Issue: 1;
Start page: 149;
Date: 2006;
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[Prompt Release of Vessels and Crews] The article is devoted to the detailed analysis mainly of applicability of this special procedure stipulated in the Article 292 of the United Nations Convention on the Law of the Sea which is independent from domestic as well as from other international proceedings. Prompt release is considered an important part of the comprehensive dispute settlement system of the Convention which generally speaking is oriented to accommodate economic and humanitarian as well as safety and environmental concerns of States Parties. This extremely fast international procedure is foreseen as compensation to the flag States against the wide range of coastal States in their exclusive economic zones covering almost one third of the World Ocean. The essence of this Article 292 is that prompt release is applicable where substantive provisions of the Convention specifically foresee the prompt release of detained foreign vessels and their crews upon posting a reasonable bond or other financial security. This procedure is analyzed in the light of the cases before the Tribunal for the Law of the Sea and rights as well as duties of the flag State are discussed. The article deals only with such aspects of a bond or other financial security that are the preconditions for a release.

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