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International Law Keyed to Damrosche
The “Hoshinmaru” Case (Sovereign state (P) v. Sovereign state (D)
Facts
The “Hoshinamaru”, a fishing ship registered in Japan with crews made up of Japanese nationals, obtained a fishing license from the Russian Federation (D) which permitted it to fish certain amounts of specified fish in its waters of exclusive economic zone of the Russian Federation (D) including 101.8 tons of sockeye salmon and 161.8 tons of chum salmon. The offense of the Japanese was that the Russians discovered sockeye salmon under the chum salmon and the master of the ship had declared 20 tons of sockeye as the cheaper salmon. Japan (D) applied to the International Tribunal for the Law of the Sea for release of the ship and its crew after they were detained. The Tribunal as part of its judgment determined the amount of the bond or other financial security that Japan (P) would have to post to secure such release.
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