선박 및 선원의 신속석방보석금의 합리성― Volga호 사건의 경우

The International Tribunal for the Law of the Sea(“ITLOS”) is an important component of the dispute settlement system under the Law of the Sea Convention(“LOSC”). It is designed to deal with disputes concerning the interpretation or application of the LOSC. Since its inception, ITLOS has ruled on 15 cases, the vast majority of which are proceedings for the prompt release of vessels and crews. Of importance in prompt release cases is the reasonableness of the bond set by a State detaining foreign vessels and crews. ITLOS has developed its jurisprudence in this regard throughout a number of cases. This paper intends to study on the practices of ITLOS in assessing the reasonableness of bonds for the prompt release of vessels and crews, with special reference to the Volga case. In the Volga case, ITLOS sees itself consolidate its jurisprudence in prompt release cases. It reconfirms factors relevant in an assessment of the reasonableness of bonds and repeats a passage from an earlier case reading that the balance of interests between the flag State and the detaining State is the guiding criterion in the assessing process. Of course, there are some issues yet to be settled. While consolidating its jurisprudence, however, ITLOS in the Volga case shows cautious approaches in assessing the reasonbleness of bonds. In the assessing process, ITLOS refuses to take into account the innovative measures taken by the Respondent such as the carriage of VMS and a so-called good behaviour bond. Neither does it take account of the international concerns about illegal, unregulated and unreported fishing. It is admirable that ITLOS has developed, in a relatively short period of time, some coherency in its approach in dealing with prompt release cases. However, its cautious and narrow approach in certain issues suggests that ITLOS needs to take more liberal and progressive approach in assessing the reasonableness of bonds, given the seriousness of illegal fishing problem and the development of modern technology capable of regulating this problem.