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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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Standard of Review in the International Tribunal for the Law of the Sea

Standard of Review in the International Tribunal for the Law of the Sea

Chapter:
(p.337) 18 Standard of Review in the International Tribunal for the Law of the Sea
Source:
Deference in International Courts and Tribunals
Author(s):

Rosemary Rayfuse

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0018

Chapter 18 analyses the prompt release jurisprudence of the Tribunal with a view to identifying the criteria used by the ITLOS in adjudicating and reviewing State conduct in such cases. The chapter notes that while coastal States are given a wide discretion under the UNCLOS to adopt laws and regulations relating to the exercise of their sovereign rights in their exclusive economic zones, these rights are also subject to the interests of flag States. This was translated into practice by the Tribunal’s holding that the balance between these interests is to be found in the application, not of total deference to coastal State measures, but rather of an international standard of reasonableness as determined by the Tribunal. That standard requires the rejection of excessive or disproportionate domestic penalties and the objective application of relevant criteria embodying the internationally recognized concepts of fairness, humanity and due process.

Keywords:   ITLOS, standard of review, deference, UNCLOS, prompt release of vessels, law of the sea, reasonable bond, due process, detention of vessels detention of crews

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