The Interception of Vessels on the High Seas PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Interception of Vessels on the High Seas PDF full book. Access full book title The Interception of Vessels on the High Seas by Efthymios Papastavridis. Download full books in PDF and EPUB format.
Author: Efthymios Papastavridis Publisher: Bloomsbury Publishing ISBN: 1782250859 Category : Law Languages : en Pages : 267
Book Description
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.
Author: Efthymios Papastavridis Publisher: Bloomsbury Publishing ISBN: 1782250859 Category : Law Languages : en Pages : 267
Book Description
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.
Author: Martin Fink Publisher: Springer ISBN: 946265249X Category : Law Languages : en Pages : 319
Book Description
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.
Author: Douglas Guilfoyle Publisher: Cambridge University Press ISBN: 0521760194 Category : Law Languages : en Pages : 435
Book Description
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: Felicity G. Attard Publisher: BRILL ISBN: 9004438254 Category : Law Languages : en Pages : 374
Book Description
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.
Author: Yurika Ishii Publisher: BRILL ISBN: 9004500413 Category : Law Languages : en Pages : 255
Book Description
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.
Author: A.V. Lowe Publisher: Bloomsbury Publishing ISBN: 1847317162 Category : Law Languages : en Pages : 1030
Book Description
This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.
Author: Myron H. Nordquist Publisher: Martinus Nijhoff Publishers ISBN: 9004215638 Category : Law Languages : en Pages : 937
Book Description
This Supplement to the seven-volume series United Nations Convention on the Law of the Sea 1982, A Commentary, prepared at the University of Virginia’s Center for Oceans Law and Policy, contains additional primary documents and materials directly related to the Convention.
Author: Patricia Mallia Publisher: BRILL ISBN: 9004182977 Category : Law Languages : en Pages : 304
Book Description
This monograph searches for a solution to the crime of migrant smuggling by sea aimed at reconciling 21st century exigencies with age-old, fundamental principles such as the freedom of the high seas.
Author: James Kraska Publisher: Naval Institute Press ISBN: 1682471179 Category : History Languages : en Pages : 218
Book Description
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.
Author: Anne T. Gallagher Publisher: Cambridge University Press ISBN: 1107015928 Category : Law Languages : en Pages : 841
Book Description
This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.
Author: Efthymios Papastavridis
Author: Efthymios Papastavridis
Author: Martin Fink
Author: Douglas Guilfoyle
Author: Felicity G. Attard
Author: Yurika Ishii
Author: A.V. Lowe
Author: Myron H. Nordquist
Author: Patricia Mallia
Author: James Kraska
Author: Anne T. Gallagher