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The Judicial Work of the International Tribunal for the Law of the Sea

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Chapter Summary

The Statute of the International Tribunal for the Law of the Sea (ITLOS) provides that its members are elected by the States Parties for a standard term of nine years. Article 292 of the Convention provides for a special procedure for the prompt release of vessels and their crews from arrest in the Exclusive Economic Zone (EEZ) by coastal states. One of the special features of article 292 is that applications for prompt release may be submitted whether or not there is a wider &t;dispute&t; between the two States Parties concerned. The Tribunal had no difficulty in applying article 292 to a fisheries support vessel: the coastal State had applied its fisheries legislation to the vessel in respect of suspected violations in its EEZ. Article 290 of the Convention empowers the Tribunal to order provisional measures in cases before it, as happened in the Saiga (No 2) case.

Keywords: article 290; article 292; coastal states; Exclusive Economic Zone (EEZ); ITLOS; Saiga case; States Parties

10.1163/ej.9789004158917.i-627.195
/content/books/10.1163/ej.9789004158917.i-627.195
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