INTERNATIONAL DECISION: The "Tomimaru" (Japan v. Russian Federation) (Bernard H. Oxman): ITLOS judgment regarding effect of confiscation on duty of promt release of fishing vessel arrested in exclusive economic zone Skip over navigation
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Copyright (c) 2008 The American Society of International Law
American Journal of International Law

INTERNATIONAL DECISION: The "Tomimaru" (Japan v. Russian Federation) (Bernard H. Oxman): ITLOS judgment regarding effect of confiscation on duty of promt release of fishing vessel arrested in exclusive economic zone

April, 2008

American Journal of International Law

102 A.J.I.L. 316

Author

BERNARD H. OXMAN*
EDITED BY DANIEL BODANSKY

Excerpt

THE "TOMIMARU" (Japan v. Russian Federation). Judgment ITLOS Case No. 15. At <http://www.itlos.org>.
International Tribunal for the Law of the Sea, August 6, 2007.

Japan filed applications with the International Tribunal for the Law of the Sea on July 6, 2007, seeking prompt release on bond of two Japanese-flag fishing vessels detained by Russia for illegally fishing in its exclusive economic zone (EEZ) off eastern Siberia. One, the 88th Hoshinmaru, had been arrested slightly over a month earlier. The other, the 53rd Tomimaru, had been arrested over eight months earlier, on October 31, 2006. In its judgments of August 6, 2007, the Tribunal granted the application for release of the Hoshinmaru, 1 fixing a lower bond than Russia had specified, but denied the application for release of the Tomimaru on the ground that it was without object (para. 76). 2

The chronology of events with respect to the Tomimaru is as follows:

On October 31, 2006, the Tomimaru was boarded in the Russian EEZ and arrested after an inspection revealed that five-and-one-half tons of walleye pollack on board were unaccounted for (para. 24). A subsequent inspection uncovered at least twenty tons of gutted walleye pollack that were not listed in the logbook, as well as other catch whose capture was forbidden (para. 25).

Criminal proceedings were instituted on November 8 against the master, who was ordered to remain in Russia (para. 26). Other crew members were permitted to leave following the investigation (para. ...
 
 
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