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The Tomimaru Case: Confiscation And Prompt Release

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Chapter Summary

On July 6, 2007, Japan filed applications with the International Tribunal for the Law of the Sea seeking prompt release on bond of two Japanese-flag fishing vessels detained by Russia for illegal fishing in its exclusive economic zone (EEZ) off eastern Siberia. The particular facts of the Tomimaru Case are in many respects routine, but have some unusual features because there were separate criminal proceedings against the master and administrative proceedings against the owner in the Russian courts. France raised the defense in the Grand Prince Case, arguing that confiscation of the fishing vessel rendered an application for its release on bond without object. The fundamental question posed by the Tomimaru Case concerns the Tribunal's power to consider the circumstances of the confiscation decision.

Keywords: Tomimaru Case ; confiscation; exclusive economic zone (EEZ); Grand Prince Case; International Tribunal; Japan; Law of the Sea; prompt release



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