The procedure for the prompt release of vessels and crews: Pragmatic? Predictable? Passé?

The prompt release procedure set out in Article 292 of UNCLOS enables flag States to seek the release of their vessels and crews from coastal State detention "upon the posting of a reasonable bond or other financial security". While this procedure is designed to help balance the rights of flag States and vessel operators with the broad enforcement powers given to coastal States for alleged infringements of fisheries and environmental protection laws and regulations in the EEZ, giving effect to that balance in practice has proved more complicated. After the passage of thirty years and ten prompt release applications, this chapter examines the theory and practice of prompt release, to understand what has worked and what has not, and consider what the future might hold for this unique feature of UNCLOS.