The Interception Of Vessels On The High Seas
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The Interception Of Vessels On The High Seas
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Author : Efthymios Papastavridis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-08-28
The Interception Of Vessels On The High Seas written by Efthymios Papastavridis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-28 with Law categories.
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.
The Interception Of Vessels On The High Seas
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Author : Efthymios Papastavridis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-08-28
The Interception Of Vessels On The High Seas written by Efthymios Papastavridis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-28 with Law categories.
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.
Refuge Lost
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Author : Daniel Ghezelbash
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
Refuge Lost written by Daniel Ghezelbash 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 2018-02-22 with Law categories.
As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.
Yearbook Of International Humanitarian Law 2010
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Author : M.N. Schmitt
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-08-05
Yearbook Of International Humanitarian Law 2010 written by M.N. Schmitt 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 2011-08-05 with Law categories.
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Maritime Interception And The Law Of Naval Operations
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Author : Martin Fink
language : en
Publisher: Springer
Release Date : 2018-08-29
Maritime Interception And The Law Of Naval Operations written by Martin Fink and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-29 with Law categories.
This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.
The Refugee In International Law
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Author : Guy S. Goodwin-Gill
language : en
Publisher: Oxford University Press
Release Date : 2021-09-09
The Refugee In International Law written by Guy S. Goodwin-Gill and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Law categories.
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Human Rights And The Dark Side Of Globalisation
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Author : Thomas Gammeltoft-Hansen
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-08
Human Rights And The Dark Side Of Globalisation written by Thomas Gammeltoft-Hansen and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-08 with Law categories.
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
Protection Of Human Life At Sea In International Law
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Author : Aphrodite Papachristodoulou
language : en
Publisher: Taylor & Francis
Release Date : 2025-05-30
Protection Of Human Life At Sea In International Law written by Aphrodite Papachristodoulou and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-30 with Law categories.
The law of the sea imposes a long-established duty to rescue persons in distress, which connotes one of the most important tools in safeguarding safety of life at sea. Other rules of international law, namely, international human rights and refugee law also come into play in drawing the legal parameters for the conduct of rescue operations. Amid the thousands of people undertaking perilous sea journeys in search of safety, European legal responses have primarily focused on the securitization of migration. This book exposes the human rights violations that may be perpetrated against migrants attempting to cross the Mediterranean and strongly advocates for the development of a framework for operationalizing the protection of human rights – and life – at sea. It combines theory and practice in which philosophical theories of rights are applied to create a framework for legal analysis and the development of practical legal standards. The study presents an innovative evaluation of selected judgments of the European Court of Human Rights and other international human rights bodies pertaining to complex questions of extraterritorial jurisdiction and a State's human rights obligations towards persons in distress at sea. The book will be of interest to all those engaging with migration and security studies, international human rights scholarship, international law of the sea, refugee and migration law and legal philosophy, whether generalist or specialist.
Public International Law
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Author : Alina Kaczorowska-Ireland
language : en
Publisher: Routledge
Release Date : 2015-05-08
Public International Law written by Alina Kaczorowska-Ireland and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-08 with Law categories.
The 5th edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Features designed to support learning include highlighted key cases, introductory chapter overviews, and end-of-chapter aides-mémoire and recommended further reading. Public International Law is unique in that it is both a textbook and a casebook. The facts of each case and the details of the court or tribunal’s decision are succinctly set out, followed by detailed commentary from the author, and, where appropriate, a brief explanation of subsequent events. The book covers all the major areas of public international law, and takes account of new developments relating to the codification of international law by the International Law Commission, State practice, and decisions of international courts and tribunals, in particular those of the International Court of Justice. Features new to this edition: A new dedicated chapter on the law of the sea Diagrammatic aides-mémoire at the end of each chapter Expanded coverage of the US approach to international law via its courts and executive. This book is an ideal learning tool for students of law or political science and provides a clear and straight-forward overview for anyone with an interest in the subject. Alina Kaczorowska-Ireland is Professor of International and EU Law at the University of the West Indies, Cave Hill Campus, Barbados. She is also author of the Routledge textbook, EU Law.
Boat Refugees And Migrants At Sea A Comprehensive Approach
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Author : Violeta Moreno-Lax
language : en
Publisher: BRILL
Release Date : 2016-11-21
Boat Refugees And Migrants At Sea A Comprehensive Approach written by Violeta Moreno-Lax and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-21 with Law categories.
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.