Jurisdiction Over Ships

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Jurisdiction Of The Coastal State Over Foreign Merchant Ships In Internal Waters And The Territorial Sea

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Author : Haijiang Yang
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-07-30

Jurisdiction Of The Coastal State Over Foreign Merchant Ships In Internal Waters And The Territorial Sea written by Haijiang Yang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-30 with Law categories.

The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.

Jurisdiction Over Ships

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Author : Henrik Ringbom
language : en
Publisher: Martinus Nijhoff Publishing
Release Date : 2015-08-20

Jurisdiction Over Ships written by Henrik Ringbom and has been published by Martinus Nijhoff Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.

'Jurisdiction Over Ships' analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. It assesses the convention's continued authority in view of the most recent developments in state practice.

Port State Jurisdiction And The Regulation Of International Merchant Shipping

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Author : Bevan Marten
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-08-31

Port State Jurisdiction And The Regulation Of International Merchant Shipping written by Bevan Marten and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-31 with Law categories.

This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.​

Jurisdiction Over Ships

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Author : Henrik Ringbom
language : en
Publisher: BRILL
Release Date : 2015-08-11

Jurisdiction Over Ships written by Henrik Ringbom and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Law categories.

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.

Shipping Interdiction And The Law Of The Sea

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Author : Douglas Guilfoyle
language : en
Publisher: Cambridge University Press
Release Date : 2009-08-13

Shipping Interdiction And The Law Of The Sea written by Douglas Guilfoyle and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-13 with Law categories.

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.

International Law And Marine Areas Beyond National Jurisdiction

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Author : Vito De Lucia
language : en
Publisher: BRILL
Release Date : 2022-01-31

International Law And Marine Areas Beyond National Jurisdiction written by Vito De Lucia and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.

The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. International Law and Marine Areas beyond National Jurisdiction investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.

The Limits Of Maritime Jurisdiction

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Author : Clive H. Schofield
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-11-28

The Limits Of Maritime Jurisdiction written by Clive H. Schofield and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Flag State Responsibility

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Author : John N. K. Mansell
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-06-12

Flag State Responsibility written by John N. K. Mansell and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-12 with Law categories.

All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .

The Law Of The Sea In The Caribbean

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Author : The Hon Justice Mr Winston Anderson
language : en
Publisher: BRILL
Release Date : 2022-01-21

The Law Of The Sea In The Caribbean written by The Hon Justice Mr Winston Anderson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-21 with Law categories.

A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.

Regulation On Navigation Of Foreign Vessels

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Author : Ted L. McDorman
language : en
Publisher: Brill Nijhoff
Release Date : 2019

Regulation On Navigation Of Foreign Vessels written by Ted L. McDorman and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law of the sea categories.

This edited book, Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice, is a collection of country papers focused on one of the more contentious and diverse subject areas of the international law of the sea - foreign vessel rights of navigation in national waters.