Human Rights And Law Enforcement At Sea

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Human Rights and Law Enforcement at Sea

Anna Petrig
Human Rights and Law Enforcement at Sea Book PDF

Author : Anna Petrig
Publisher : Brill - Nijhoff
Page : 500 pages
File Size : 46,9 Mb
Release : 2014-10-31
Category : Law
ISBN : 9004269967

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Human Rights and Law Enforcement at Sea by Anna Petrig Pdf

Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

International Law and the Protection of People at Sea

Irini Papanicolopulu
International Law and the Protection of People at Sea Book PDF

Author : Irini Papanicolopulu
Publisher : Oxford University Press
Page : 288 pages
File Size : 40,7 Mb
Release : 2018-03-09
Category : Law
ISBN : 9780192506467

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International Law and the Protection of People at Sea by Irini Papanicolopulu Pdf

Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.

Human Rights and Law Enforcement at Sea

Anna Petrig
Human Rights and Law Enforcement at Sea Book PDF

Author : Anna Petrig
Publisher : Martinus Nijhoff Publishers
Page : 522 pages
File Size : 41,5 Mb
Release : 2014-10-31
Category : Law
ISBN : 9789004269972

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Human Rights and Law Enforcement at Sea by Anna Petrig Pdf

Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

Human Rights and the Dark Side of Globalisation

Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen
Human Rights and the Dark Side of Globalisation Book PDF

Author : Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen
Publisher : Taylor & Francis
Page : 381 pages
File Size : 50,7 Mb
Release : 2016-12-08
Category : Law
ISBN : 9781315408255

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Human Rights and the Dark Side of Globalisation by Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen Pdf

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Notes on contributors -- Preface -- Introduction: human rights in an age of international cooperation -- Part I General issues pertaining to human rights and transnational law enforcement -- 1 Shared responsibility for human rights violations: a relational account -- 2 Extraterritoriality and human rights: prospects and challenges -- Part II Law enforcement and security operations -- 3 Transnational operations carried out from a State's own territory: armed drones and the extraterritorial effect of international human rights conventions -- 4 NSA surveillance and its meaning for international human rights law -- 5 Jurisdiction at sea: migrant interdiction and the transnational security state -- 6 Counter-piracy: navigating the cloudy waters of international law, domestic law and human rights -- 7 Rescuing migrants at sea and the law of international responsibility -- Part III Migration control and access to asylum -- 8 Relinking power and responsibility in extraterritorial immigration control: the case of immigration liaison officers -- 9 State responsibility and migration control: Australia's international deterrence model -- 10 Multi-stakeholder operations of border control coordinated at the EU level and the allocation of international responsibilities -- 11 A 'blind spot' in the framework of international responsibility? Third-party responsibility for human rights violations: the case of Frontex -- 12 The legality of Frontex Operation Hera-type migration control practices in light of the Hirsi judgement -- 13 The Dark Side of Globalization: do EU border controls contribute to death in the Mediterranean? -- 14 'Outsourcing' protection and the transnational relevance of protection elsewhere: the case of UNHCR -- Index

The United Nations Convention on the Law of the Sea

Kristina Siig,Birgit Feldtmann,Fenella M.W. Billing
The United Nations Convention on the Law of the Sea Book PDF

Author : Kristina Siig,Birgit Feldtmann,Fenella M.W. Billing
Publisher : Taylor & Francis
Page : 294 pages
File Size : 43,9 Mb
Release : 2023-10-09
Category : Law
ISBN : 9781000967289

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The United Nations Convention on the Law of the Sea by Kristina Siig,Birgit Feldtmann,Fenella M.W. Billing Pdf

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come. As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.

Shipping Interdiction and the Law of the Sea

Douglas Guilfoyle
Shipping Interdiction and the Law of the Sea Book PDF

Author : Douglas Guilfoyle
Publisher : Cambridge University Press
Page : 435 pages
File Size : 53,5 Mb
Release : 2009-08-13
Category : Law
ISBN : 9780521760195

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Shipping Interdiction and the Law of the Sea by Douglas Guilfoyle Pdf

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.

Maritime Security and the Law of the Sea

Natalie Klein
Maritime Security and the Law of the Sea Book PDF

Author : Natalie Klein
Publisher : Oxford University Press
Page : 377 pages
File Size : 42,5 Mb
Release : 2011-01-13
Category : History
ISBN : 9780199566532

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Maritime Security and the Law of the Sea by Natalie Klein Pdf

Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.

Coast Guards and International Maritime Law Enforcement

Suk Kyoon Kim
Coast Guards and International Maritime Law Enforcement Book PDF

Author : Suk Kyoon Kim
Publisher : Cambridge Scholars Publishing
Page : 237 pages
File Size : 40,7 Mb
Release : 2020-07-30
Category : Law
ISBN : 9781527557383

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Coast Guards and International Maritime Law Enforcement by Suk Kyoon Kim Pdf

This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.

Routledge Handbook of Maritime Security

Ruxandra-Laura Boşilcă,Susana Ferreira,Barry J. Ryan
Routledge Handbook of Maritime Security Book PDF

Author : Ruxandra-Laura Boşilcă,Susana Ferreira,Barry J. Ryan
Publisher : Taylor & Francis
Page : 367 pages
File Size : 50,9 Mb
Release : 2022-07-25
Category : Political Science
ISBN : 9781000593495

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Routledge Handbook of Maritime Security by Ruxandra-Laura Boşilcă,Susana Ferreira,Barry J. Ryan Pdf

This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general.

International Maritime Security Law

James Kraska,Raul Pedrozo
International Maritime Security Law Book PDF

Author : James Kraska,Raul Pedrozo
Publisher : Martinus Nijhoff Publishers
Page : 965 pages
File Size : 46,6 Mb
Release : 2013-04-15
Category : Law
ISBN : 9789004233577

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International Maritime Security Law by James Kraska,Raul Pedrozo Pdf

International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.

The Interception of Vessels on the High Seas

Efthymios Papastavridis
The Interception of Vessels on the High Seas Book PDF

Author : Efthymios Papastavridis
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 43,9 Mb
Release : 2014-08-28
Category : Law
ISBN : 9781782250852

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The Interception of Vessels on the High Seas by Efthymios Papastavridis Pdf

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.

Hybrid Threats and the Law of the Sea

Alexander Lott
Hybrid Threats and the Law of the Sea Book PDF

Author : Alexander Lott
Publisher : BRILL
Page : 320 pages
File Size : 47,7 Mb
Release : 2022-08-22
Category : Law
ISBN : 9789004509368

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Hybrid Threats and the Law of the Sea by Alexander Lott Pdf

Read also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.

Maritime Interception and the Law of Naval Operations

Martin Fink
Maritime Interception and the Law of Naval Operations Book PDF

Author : Martin Fink
Publisher : Springer
Page : 317 pages
File Size : 50,5 Mb
Release : 2018-08-29
Category : Law
ISBN : 9789462652491

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Maritime Interception and the Law of Naval Operations by Martin Fink Pdf

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.

Humanity at Sea

Itamar Mann
Humanity at Sea Book PDF

Author : Itamar Mann
Publisher : Cambridge University Press
Page : 265 pages
File Size : 50,9 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107148765

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Humanity at Sea by Itamar Mann Pdf

This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

Piracy at Sea

Maximo Q. Mejia, Jr.,Chie Kojima,Mark Sawyer
Piracy at Sea Book PDF

Author : Maximo Q. Mejia, Jr.,Chie Kojima,Mark Sawyer
Publisher : Springer Science & Business Media
Page : 310 pages
File Size : 45,7 Mb
Release : 2013-11-22
Category : Law
ISBN : 9783642396205

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Piracy at Sea by Maximo Q. Mejia, Jr.,Chie Kojima,Mark Sawyer Pdf

​Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.​