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?
- ITLOS must retry all domestic charges first
- 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
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/
Answer this question in flashcards to review your response and continue practicing.