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Certain Oversights Of The International Tribunal For The Law Of The Sea (ITLOS) And Other Interesting Cases Where Recourse To ITLOS Has Not Taken Place

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Chapter Summary

The International Tribunal for the Law of the Sea (ITLOS) has dealt with several cases regarding Article 292 of UN Convention on the Law of the Sea (UNCLOS) and the arrest and detention of a number of vessels for fishing in areas under the jurisdiction of other coastal states. It is interesting to examine the case of the vessel The Volga, which flew the flag of the Russian Federation and which was fishing on February 7, 2002 (with other Russian ships) a few hundred metres outside an Exclusive Economic Zone (EEZ) of 200 nautical miles, which Australia had established around the Heard and McDonald Islands in the Southern Ocean. In another case, the ship The South Tomi, which flew the flag of Togo, was arrested red-handed in 2001, while fishing in the EEZ of Australia around the small island of Heard.

Keywords: exclusive economic zone (EEZ); ITLOS; South Tomi; The Volga; UNCLOS



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