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Chinese Journal of International Law 2008 7(1):115-142; doi:10.1093/chinesejil/jmn001
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© The Author 2008. Published by Oxford University Press. All rights reserved

COURTS & TRIBUNALS

Reasonableness of the Bond under Article 292 of the LOS Convention: Practice of the ITLOS

GAO Jianjun*

Correspondence: * Associate Professor of International Law, China University of Political Sciences and Law (email: gaoblack2004{at}yahoo.com.cn). This article was completed in November 2007.

The International Tribunal for the Law of the Sea plays an important role in the formation of the rules concerning the reasonableness of the bond in the prompt release proceedings under the LOS Convention. In order to strike a balance between the interests of the flag State and the detaining State, the amount of the bond should not be unrelated to the gravity of the alleged offences, and it should be able to secure the enforcement of the judgment of the domestic court on the merits of the case after the release of the detained vessel and its crew. Thus, the penalties imposable under the laws of the detaining State should be taken sufficient account of. The gravity of the alleged offences may be evaluated by reference to the facts and circumstances of the particular case.


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