UM Law School Professor Bernard H. Oxman Participates in International Conference on the Law of the Sea in Seoul, Korea
On Wednesday, October 17th, 2007, UM Law School Professor Bernard H. Oxman presented a paper at the "International Conference: Law of the Sea - A Half Century after the Geneva Conventions," which took place in Seoul, Korea. Professor Oxman also chaired the conference's final wrap-up panel on Thursday, October 18th, 2007. The conference was co-organized by Korea's INHA University and the Law of the Sea Institute (LOSI) at UC Berkeley. The INHA-LOSI International Conference Seoul 2007 served as a platform for academics, international lawyers, policy makers, and other professionals to present the latest findings in law of the sea issues.
Professor Oxman's paper was titled "The Tomimaru Case: Confiscation and Prompt Release." On August 6, 2007, the International Tribunal for the Law of the Sea rendered its decision on the application for prompt release in The Tomimaru Case (Japan v. Russian Federation). Having avoided the issue of the effect of confiscation on the right of prompt release on bond of a detained vessel several years earlier in the Grand Prince case, the Tribunal now squarely faced that issue. In doing so, it indicated concerns about the effect of delays in invoking the right of prompt release on the rights of the detaining state as well as expectations of respect for human rights and procedural due process by the detaining state. The implications of this carefully nuanced opinion are likely to be closely studied by governments in shaping their detention policies.
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posted 19-October-2007
