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Flashcards — Multiple Choice

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Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Political and Public International Law

A State Party detains a vessel of another State Party. The flag State alleges breach of an applicable UNCLOS prompt-release obligation upon reasonable security. Ten days pass without agreement on a forum, and the parties have not otherwise agreed to exclude the available route. A shipowner argues ITLOS must first determine guilt on every domestic charge. Which is best?

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A qualifying Article 292 application may address release without determining the domestic merits Prompt release is unavailable whenever a domestic prosecution exists Any detention anywhere automatically requires unconditional release Only the shipowner may apply personally without flag-State authority ITLOS must retry all domestic charges first

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