Jurisdiction Over Ships PDF Download
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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 | : Haijiang Yang |
Publisher | : Springer Science & Business Media |
Total Pages | : 294 |
Release | : 2006-07-30 |
Genre | : Law |
ISBN | : 3540331921 |
Download Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea Book in PDF, ePub and Kindle
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.
Author | : Bevan Marten |
Publisher | : Springer Science & Business Media |
Total Pages | : 282 |
Release | : 2013-08-31 |
Genre | : Law |
ISBN | : 3319003518 |
Download Port State Jurisdiction and the Regulation of International Merchant Shipping Book in PDF, ePub and Kindle
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.
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 | : Philip Caryl Jessup |
Publisher | : |
Total Pages | : 598 |
Release | : 1927 |
Genre | : Maritime law |
ISBN | : |
Download The Law of Territorial Waters and Maritime Jurisdiction Book in PDF, ePub and Kindle
Author | : Charles Noble Gregory |
Publisher | : |
Total Pages | : 36 |
Release | : 1904 |
Genre | : Innocent passage (Law of the sea) |
ISBN | : |
Download Jurisdiction Over Foreign Ships in Territorial Waters Book in PDF, ePub and Kindle
Author | : Donald Rothwell |
Publisher | : Oxford University Press, USA |
Total Pages | : 1073 |
Release | : 2015 |
Genre | : Law |
ISBN | : 019871548X |
Download The Oxford Handbook of the Law of the Sea Book in PDF, ePub and Kindle
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.
Author | : Iva Parlov |
Publisher | : BRILL |
Total Pages | : 379 |
Release | : 2022-08-01 |
Genre | : Law |
ISBN | : 9004515070 |
Download Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks Book in PDF, ePub and Kindle
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov takes a systemic approach in providing a holistic and dynamic understanding of the legal issues raised by ships in peril in the contemporary context.
Author | : John N. K. Mansell |
Publisher | : Springer Science & Business Media |
Total Pages | : 276 |
Release | : 2009-06-12 |
Genre | : Law |
ISBN | : 3540929339 |
Download Flag State Responsibility Book in PDF, ePub and Kindle
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 .
Author | : The Hon Justice Mr Winston Anderson |
Publisher | : BRILL |
Total Pages | : 469 |
Release | : 2022-01-21 |
Genre | : Law |
ISBN | : 9004503196 |
Download The Law of the Sea in the Caribbean Book in PDF, ePub and Kindle
The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.