Balance of Interests between Coastal and Fishing States in Prompt Release Cases：A Review of Cases No.14 and 15 before the ITLOS
【中文摘要】《联合国海洋法公约》第292条规定了渔船被扣留时渔业国和沿海国的权利义务，并在与公约其他相关条款的共同规范下，力图保持双方在海洋利用上的利益平衡。这种平衡的实现，有赖于双方适当地行使权利和履行义务，也有赖于国际海洋法法庭提供的司法保障。在2007年所受理的第14号和第15号案件中，法庭对2起案情相似案件的不同处理再次证实了这一点。法庭的这种处理结果，对中国这个渔业国而言，颇具启示意义。 【Abstract】The rights and obligations of both the fishing States and the coastal States in case of vessel detention are defined in Article 292 of the United Nations Convention on the Law of the Sea (UNCLOS). In conjunction with other relevant articles of the UNCLOS, it attempts to maintain a balance of interests between both parties in terms of ocean utilization, which relies on the due exercise of rights and performance of obligations by both parties as well as the judicial guarantee provided by the International Tribunal for the Law of the Sea (ITLOS). Although similar in factual background, the Cases No.14 and 15 accepted in 2007, have received different settlement by the ITLOS, which reconfirms that the said balance of interests relies on the judicial guarantee provided by the ITLOS. And the different approaches that the ITLOS adopted to entertain the two cases give some enlightenment to China as a fishing State.