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Philippine Bar review · Question

Practice question: International Tribunal for the Law of the Sea

Multiple Choice Hard

Practice question

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

Legal references

  • UNCLOS, Article 292(1)-(3): https://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf
  • ITLOS competence: https://www.itlos.org/en/main/jurisdiction/competence/

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