The Interception Of Vessels On The High Seas

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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 : 52,7 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.

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 : 402 pages
File Size : 51,6 Mb
Release : 2014-08-28
Category : Law
ISBN : 9781782250845

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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.

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 : 55,8 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.

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 : 42,6 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.

Preventing the Maritime Facilitation of Terrorism

Robin Bowley
Preventing the Maritime Facilitation of Terrorism Book PDF

Author : Robin Bowley
Publisher : Taylor & Francis
Page : 285 pages
File Size : 41,6 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000818956

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Preventing the Maritime Facilitation of Terrorism by Robin Bowley Pdf

In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials – has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states’ self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD’s Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.

The International Law of the Sea

Yoshifumi Tanaka
The International Law of the Sea Book PDF

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 641 pages
File Size : 45,5 Mb
Release : 2019-08-15
Category : Law
ISBN : 9781108424219

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The International Law of the Sea by Yoshifumi Tanaka Pdf

Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.

State Territory and International Law

Josephat Ezenwajiaku
State Territory and International Law Book PDF

Author : Josephat Ezenwajiaku
Publisher : Routledge
Page : 205 pages
File Size : 45,7 Mb
Release : 2020-05-31
Category : Law
ISBN : 9781000073485

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State Territory and International Law by Josephat Ezenwajiaku Pdf

This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Frontex and Non-Refoulement

Roberta Mungianu
Frontex and Non Refoulement Book PDF

Author : Roberta Mungianu
Publisher : Cambridge University Press
Page : 275 pages
File Size : 45,8 Mb
Release : 2016-08-18
Category : Law
ISBN : 9781107133570

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Frontex and Non-Refoulement by Roberta Mungianu Pdf

This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.

The Oxford Handbook of the Law of the Sea

Donald R. Rothwell,Alex G. Oude Elferink,Karen N. Scott,Tim Stephens
The Oxford Handbook of the Law of the Sea Book PDF

Author : Donald R. Rothwell,Alex G. Oude Elferink,Karen N. Scott,Tim Stephens
Publisher : OUP Oxford
Page : 850 pages
File Size : 52,9 Mb
Release : 2015-03-26
Category : Law
ISBN : 9780191024641

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The Oxford Handbook of the Law of the Sea by Donald R. Rothwell,Alex G. Oude Elferink,Karen N. Scott,Tim Stephens Pdf

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Yearbook of International Humanitarian Law - 2010

M.N. Schmitt,Louise Arimatsu,Tim McCormack
Yearbook of International Humanitarian Law 2010 Book PDF

Author : M.N. Schmitt,Louise Arimatsu,Tim McCormack
Publisher : Springer Science & Business Media
Page : 754 pages
File Size : 40,9 Mb
Release : 2011-08-05
Category : Law
ISBN : 9789067048118

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Yearbook of International Humanitarian Law - 2010 by M.N. Schmitt,Louise Arimatsu,Tim McCormack Pdf

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.

Ocean Law Debates

Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon
Ocean Law Debates Book PDF

Author : Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon
Publisher : BRILL
Page : 590 pages
File Size : 48,9 Mb
Release : 2018-03-22
Category : Law
ISBN : 9789004343146

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Ocean Law Debates by Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon Pdf

Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.

Irish Yearbook of International Law

Fiona de Londras,Siobhán Mullally
Irish Yearbook of International Law Book PDF

Author : Fiona de Londras,Siobhán Mullally
Publisher : Bloomsbury Publishing
Page : 503 pages
File Size : 45,7 Mb
Release : 2014-12-04
Category : Law
ISBN : 9781849469753

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Irish Yearbook of International Law by Fiona de Londras,Siobhán Mullally Pdf

The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

The Duty of the Shipmaster to Render Assistance at Sea under International Law

Felicity G. Attard
The Duty of the Shipmaster to Render Assistance at Sea under International Law Book PDF

Author : Felicity G. Attard
Publisher : BRILL
Page : 374 pages
File Size : 54,8 Mb
Release : 2020-08-25
Category : Law
ISBN : 9789004438255

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The Duty of the Shipmaster to Render Assistance at Sea under International Law by Felicity G. Attard Pdf

This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.

Extraterritorial Immigration Control

Bernard Ryan,Valsamis Mitsilegas
Extraterritorial Immigration Control Book PDF

Author : Bernard Ryan,Valsamis Mitsilegas
Publisher : BRILL
Page : 459 pages
File Size : 48,9 Mb
Release : 2010-04-06
Category : Law
ISBN : 9789047425809

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Extraterritorial Immigration Control by Bernard Ryan,Valsamis Mitsilegas Pdf

This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.

Preventing Terrorist Attacks at Sea

Robin Bowley
Preventing Terrorist Attacks at Sea Book PDF

Author : Robin Bowley
Publisher : Taylor & Francis
Page : 295 pages
File Size : 54,9 Mb
Release : 2022-12-23
Category : Law
ISBN : 9781000811407

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Preventing Terrorist Attacks at Sea by Robin Bowley Pdf

Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.