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Legal Status of Government Merchant Ships in International Law

Legal Status of Government Merchant Ships in International Law
Author: Thamarappallil Kochu Thommen
Publisher: Springer
Total Pages: 187
Release: 2012-12-06
Genre: Law
ISBN: 9401192693

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This book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.


Port State Jurisdiction and the Regulation of International Merchant Shipping

Port State Jurisdiction and the Regulation of International Merchant Shipping
Author: Bevan Marten
Publisher: Springer Science & Business Media
Total Pages: 282
Release: 2013-08-31
Genre: Law
ISBN: 3319003518

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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.​


The Law of Naval Warfare

The Law of Naval Warfare
Author: Dale Stephens
Publisher:
Total Pages: 403
Release: 2019
Genre: Military law
ISBN: 9780409350814

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In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues


The Right of Hot Pursuit in International Law

The Right of Hot Pursuit in International Law
Author: Nicholas M Poúlantzas
Publisher: Martinus Nijhoff Publishers
Total Pages: 520
Release: 2002-10-23
Genre: Law
ISBN: 9789041117861

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In three Parts the author examines the right of hot pursuit on land, in the international law of the sea, and in international air law. He critically analyzes the development of the right, its present status and position in the future. Hence, solutions are proposed to present problems of international law in connection with the right of hot pursuit, as well as to problems which may arise in the future. Thus, the doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. These extensively discussed developments include not only consideration of the right of hot pursuit in connection with guerilla warfare techniques and conflicts not amounting to war, but also all recent evolutions in the international law of the sea, including, inter alia, problems appertaining to fisheries, exploration and exploitation of the continental shelf, pirate radiostations, and pollution of the sea. In addition, the right of hot pursuit in international air law is examined in connection with all modern situations, for instance, recent interception techniques of intruding aircraft, contiguous air space limits, hi-jacking of aircraft and air piracy. This work is an extended and updated edition of the book first published in 1969.