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Author: Herman Meyers Publisher: Springer ISBN: 9401195102 Category : Law Languages : en Pages : 408
Book Description
It gives me great pleasure to introduce this work by Dr. H. Meyers. The problem of "The Nationality of Ships" has long been one of the most difficult problems in the international law of the sea. It has been made more acute recently by the growth of "flags of convenience". Legally, the problem has been complicated or simplified-according to one's point of view-by the emergence of the concept of the "genuine link" associated with the Judgment of the International Court of Justice in the Nottebohm case (second phase) in 1955. Other develop ments have included the thorough preparatory work of the Internation al Law Commission leading up to the United Nations Conference on the Law of the Sea, held in Geneva in 1958; the debates at that Con ference and particularly its adoption of the Convention on the High Seas; and finally the Advisory Opinion of the International Court of Justice in the case concerning the Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organisation in 1960. All these developments have thrown light on the problem ofthe allocation of ships to one or other of the politically organised territorial communities (or States) of which the present international society is largely composed. But an agreed solution acceptable to all the interests concerned seems as far away as ever. The question of ships operated by international institutions such as the United Nations is another problem which awaits a satisfactory answer.
Author: Herman Meyers Publisher: Springer ISBN: 9401195102 Category : Law Languages : en Pages : 408
Book Description
It gives me great pleasure to introduce this work by Dr. H. Meyers. The problem of "The Nationality of Ships" has long been one of the most difficult problems in the international law of the sea. It has been made more acute recently by the growth of "flags of convenience". Legally, the problem has been complicated or simplified-according to one's point of view-by the emergence of the concept of the "genuine link" associated with the Judgment of the International Court of Justice in the Nottebohm case (second phase) in 1955. Other develop ments have included the thorough preparatory work of the Internation al Law Commission leading up to the United Nations Conference on the Law of the Sea, held in Geneva in 1958; the debates at that Con ference and particularly its adoption of the Convention on the High Seas; and finally the Advisory Opinion of the International Court of Justice in the case concerning the Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organisation in 1960. All these developments have thrown light on the problem ofthe allocation of ships to one or other of the politically organised territorial communities (or States) of which the present international society is largely composed. But an agreed solution acceptable to all the interests concerned seems as far away as ever. The question of ships operated by international institutions such as the United Nations is another problem which awaits a satisfactory answer.
Author: Henrik Ringbom Publisher: BRILL ISBN: 9004303502 Category : Law Languages : en Pages : 466
Book Description
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: Herman Meyers
Author: Herman Meyers
Author: 
Author: United Nations. Office of Legal Affairs
Author: United Nations
Author: United Nations. Department of Economic and Social Affairs
Author: Henrik Ringbom
Author: United Nations. Office of Legal Affairs
Author: Robert Rienow
Author: 
Author: H. Meyers