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The Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas
Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
Total Pages: 267
Release: 2014-08-28
Genre: Law
ISBN: 1782250859

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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

The Interception of Vessels on the High Seas
Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
Total Pages: 402
Release: 2014-08-28
Genre: Law
ISBN: 1782250840

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.


Shipping Interdiction and the Law of the Sea

Shipping Interdiction and the Law of the Sea
Author: Douglas Guilfoyle
Publisher: Cambridge University Press
Total Pages: 435
Release: 2009-08-13
Genre: Law
ISBN: 0521760194

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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.


The Legal Order of the Oceans

The Legal Order of the Oceans
Author: A.V. Lowe
Publisher: Bloomsbury Publishing
Total Pages: 1030
Release: 2009-08-15
Genre: Law
ISBN: 1847317162

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This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.


Maritime Interception and the Law of Naval Operations

Maritime Interception and the Law of Naval Operations
Author: Martin Fink
Publisher: Springer
Total Pages: 317
Release: 2018-08-29
Genre: Law
ISBN: 946265249X

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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 Free Sea

The Free Sea
Author: James Kraska
Publisher: Naval Institute Press
Total Pages: 240
Release: 2018-06-15
Genre: History
ISBN: 1682471179

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The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.


The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea
Author: Donald Rothwell
Publisher: Oxford University Press, USA
Total Pages: 1073
Release: 2015
Genre: Law
ISBN: 019871548X

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Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.


Migrant Smuggling by Sea

Migrant Smuggling by Sea
Author: Patricia Mallia
Publisher: BRILL
Total Pages: 304
Release: 2009-10-03
Genre: Law
ISBN: 9004182977

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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.


The International Law of Migrant Smuggling

The International Law of Migrant Smuggling
Author: Anne T. Gallagher
Publisher: Cambridge University Press
Total Pages: 841
Release: 2014-07-21
Genre: Law
ISBN: 1107015928

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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.


Navigation Rules

Navigation Rules
Author: United States. Coast Guard
Publisher: Skyhorse Publishing Inc.
Total Pages: 338
Release: 2011
Genre: Inland navigation
ISBN: 1616082437

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For anyone who owns a boat, this is the handbook for you. Included are all of the official government rules and regulations that must be followed by anyone out on the water. This book will prepare you for head?on situations, avoiding collisions, using, distress signals, and will inform you of all the up?to?date water regulations. Whether you?re in a jam or just relaxing at sea, Navigation Rules will teach and prepare you for anything and everything you may encounter while on your boat.