642
i n t e r nat i o na l l aw
such a request is granted, the decision of the Tribunal in the dispute shall
be binding upon the intervening state party in so far as it relates to matters
in respect of which that state party intervened.
451
This is different from
the equivalent provision relating to the International Court of Justice and
thus should avoid the anomalous position of the non-party intervener.
452
There is, however, a right to intervene in cases where the interpretation or
application of the Convention is in question.
453
Decisions of the Tribunal
are final and binding as between the parties to the dispute.
454
The Tribunal also has jurisdiction to give advisory opinions on a legal
question if an international agreement related to the purposes of the
Convention specifically provides for the submission to the Tribunal of a
request for such an opinion.
455
The Tribunal has heard a number of cases since its first case in 1997.
Most of these cases have concerned article 292 of the Convention which
provides that where a state party has detained a vessel flying the flag of
another state party and has not complied with the prompt release require-
ment upon payment of a reasonable bond or other financial security, the
question of release from detention may be submitted to the Tribunal.
456
In the
Camouco
case,
457
for example, the Tribunal discussed the scope of
the article and held that it would not be logical to read into it the re-
quirement of exhaustion of local remedies. Article 292 provided for an
independent remedy and no limitation should be read into it that would
have the effect of defeating its very object and purpose.
458
The Tribunal
found a violation of article 292 in the case of the
Volga
, where it was held
that the bond set for the release of the vessel in question, while reason-
able in terms of the financial condition, was not reasonable in that the
non-financial conditions set down by the Respondent with regard to the
vessel carrying a vessel monitoring system (VMS) and the submission
of information about the owner of the ship could not be considered as
451
Article 31. See also articles 99–104 of the Rules.
452
See below, chapter 19, p. 1097.
453
Article 32.
454
Article 33. In the case of a dispute as to the meaning or scope of the decision, the Tribunal
shall construe it upon the request of any party. See also articles 126–9 of the Rules.
455
Article 138 of the Rules. In such cases, articles 130–7 of the Rules concerning the giving
of advisory opinions by the Seabed Disputes Chamber shall apply
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