Shipping Interdiction And The Law Of The Sea
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Author | : Douglas Guilfoyle |
Publisher | : Cambridge University Press |
Total Pages | : 435 |
Release | : 2009-08-13 |
Genre | : Law |
ISBN | : 0521760194 |
Download Shipping Interdiction and the Law of the Sea Book in PDF, Epub and Kindle
In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.
Author | : Douglas James Adrian Guilfoyle |
Publisher | : |
Total Pages | : |
Release | : 2007 |
Genre | : |
ISBN | : |
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Author | : Efthymios Papastavridis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 267 |
Release | : 2014-08-28 |
Genre | : Law |
ISBN | : 1782250859 |
Download The Interception of Vessels on the High Seas Book in PDF, Epub and Kindle
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
Author | : Natalie Klein |
Publisher | : Oxford University Press |
Total Pages | : 377 |
Release | : 2011-01-13 |
Genre | : History |
ISBN | : 0199566534 |
Download Maritime Security and the Law of the Sea Book in PDF, Epub and Kindle
Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.
Author | : Gemma Andreone |
Publisher | : Springer |
Total Pages | : 278 |
Release | : 2017-03-30 |
Genre | : Law |
ISBN | : 3319512749 |
Download The Future of the Law of the Sea Book in PDF, Epub and Kindle
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Author | : Sir Malcolm D. Evans |
Publisher | : Edward Elgar Publishing |
Total Pages | : 240 |
Release | : 2020-01-31 |
Genre | : Law |
ISBN | : 1788971418 |
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Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security.
Author | : Henrik Ringbom |
Publisher | : BRILL |
Total Pages | : 466 |
Release | : 2015-08-11 |
Genre | : Law |
ISBN | : 9004303502 |
Download Jurisdiction over Ships Book in PDF, Epub and Kindle
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Author | : Patricia Mallia |
Publisher | : BRILL |
Total Pages | : 304 |
Release | : 2009-10-03 |
Genre | : Law |
ISBN | : 9004182977 |
Download Migrant Smuggling by Sea Book in PDF, Epub and Kindle
This monograph searches for a solution to the crime of migrant smuggling by sea aimed at reconciling 21st century exigencies with age-old, fundamental principles such as the freedom of the high seas.
Author | : Friedrich Johann Jacobsen |
Publisher | : |
Total Pages | : 684 |
Release | : 1818 |
Genre | : Maritime law |
ISBN | : |
Download Laws of the Sea Book in PDF, Epub and Kindle
Author | : Anne T. Gallagher |
Publisher | : Cambridge University Press |
Total Pages | : 841 |
Release | : 2014-07-21 |
Genre | : Law |
ISBN | : 1107015928 |
Download The International Law of Migrant Smuggling Book in PDF, Epub and Kindle
This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.