Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels
The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the He...
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ftunivwollongong:oai:ro.uow.edu.au:lawpapers-1120 2023-05-15T17:10:31+02:00 Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels Gullett, Warwick 2005-01-01T08:00:00Z application/pdf https://ro.uow.edu.au/lawpapers/108 https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1120&context=lawpapers unknown Research Online https://ro.uow.edu.au/lawpapers/108 https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1120&context=lawpapers Faculty of Law - Papers (Archive) fishing vessels smooth automatic australia foreign forfeiture sailing Law article 2005 ftunivwollongong 2020-02-25T10:39:29Z The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure and detention of the vessel and its senior crew led to a number of domestic legal proceedings in the Western Australian District and Supreme Courts and the Federal Court of Australia. There was also a largely successful application by Russia to the International Tribunal for the Law of the Sea (ITLOS) for the prompt release of the vessel. ITLOS ordered Australia to promptly release the vessel upon the posting of what it considered to be a reasonable bond or other security of A$1.92 million. The ITLOS case concerned only the issue of the reasonableness of the conditions Australia set for the release of the vessel as required by the United Nations Convention on the Law of the Sea (LOSC). Article in Journal/Newspaper McDonald Islands Patagonian Toothfish Southern Ocean University of Wollongong, Australia: Research Online Heard ENVELOPE(73.510,73.510,-53.117,-53.117) McDonald Islands ENVELOPE(72.600,72.600,-53.033,-53.033) Southern Ocean |
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Open Polar |
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University of Wollongong, Australia: Research Online |
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ftunivwollongong |
language |
unknown |
topic |
fishing vessels smooth automatic australia foreign forfeiture sailing Law |
spellingShingle |
fishing vessels smooth automatic australia foreign forfeiture sailing Law Gullett, Warwick Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels |
topic_facet |
fishing vessels smooth automatic australia foreign forfeiture sailing Law |
description |
The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure and detention of the vessel and its senior crew led to a number of domestic legal proceedings in the Western Australian District and Supreme Courts and the Federal Court of Australia. There was also a largely successful application by Russia to the International Tribunal for the Law of the Sea (ITLOS) for the prompt release of the vessel. ITLOS ordered Australia to promptly release the vessel upon the posting of what it considered to be a reasonable bond or other security of A$1.92 million. The ITLOS case concerned only the issue of the reasonableness of the conditions Australia set for the release of the vessel as required by the United Nations Convention on the Law of the Sea (LOSC). |
format |
Article in Journal/Newspaper |
author |
Gullett, Warwick |
author_facet |
Gullett, Warwick |
author_sort |
Gullett, Warwick |
title |
Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels |
title_short |
Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels |
title_full |
Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels |
title_fullStr |
Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels |
title_full_unstemmed |
Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels |
title_sort |
smooth sailing for australia's automatic forfeiture of foreign fishing vessels |
publisher |
Research Online |
publishDate |
2005 |
url |
https://ro.uow.edu.au/lawpapers/108 https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1120&context=lawpapers |
long_lat |
ENVELOPE(73.510,73.510,-53.117,-53.117) ENVELOPE(72.600,72.600,-53.033,-53.033) |
geographic |
Heard McDonald Islands Southern Ocean |
geographic_facet |
Heard McDonald Islands Southern Ocean |
genre |
McDonald Islands Patagonian Toothfish Southern Ocean |
genre_facet |
McDonald Islands Patagonian Toothfish Southern Ocean |
op_source |
Faculty of Law - Papers (Archive) |
op_relation |
https://ro.uow.edu.au/lawpapers/108 https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1120&context=lawpapers |
_version_ |
1766067103158239232 |