Confirm favorite deletion?
International Law Keyed to Damrosche
The “Hoshinmaru” Case (Sovereign state (P) v. Sovereign state (D)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.