The Interception Of Vessels On The High Seas

Author : Efthymios Papastavridis
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250859
Total Pages : 267 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Interception of Vessels on the High Seas written by Efthymios Papastavridis and published by Bloomsbury Publishing. This book was released on 2014-08-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1782250840
Total Pages : 402 pages
Book Rating : 4.45/5 ( download)

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Download or read book The Interception of Vessels on the High Seas written by Efthymios Papastavridis and published by Bloomsbury Publishing. This book was released on 2014-08-28 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 946265249X
Total Pages : 317 pages
Book Rating : 4.91/5 ( download)

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Download or read book Maritime Interception and the Law of Naval Operations written by Martin Fink and published by Springer. This book was released on 2018-08-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0521760194
Total Pages : 435 pages
Book Rating : 4.95/5 ( download)

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Download or read book Shipping Interdiction and the Law of the Sea written by Douglas Guilfoyle and published by Cambridge University Press. This book was released on 2009-08-13 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United States. Coast Guard
Publisher : Skyhorse Publishing Inc.
ISBN 13 : 1616082437
Total Pages : 338 pages
Book Rating : 4.37/5 ( download)

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Download or read book Navigation Rules written by United States. Coast Guard and published by Skyhorse Publishing Inc.. This book was released on 2011 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone who owns a boat, this is the handbook for you. Included are all of the official government rules and regulations that must be followed by anyone out on the water. This book will prepare you for head?on situations, avoiding collisions, using, distress signals, and will inform you of all the up?to?date water regulations. Whether you?re in a jam or just relaxing at sea, Navigation Rules will teach and prepare you for anything and everything you may encounter while on your boat.

Author : James Kraska
Publisher : Naval Institute Press
ISBN 13 : 1682471179
Total Pages : 240 pages
Book Rating : 4.73/5 ( download)

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Download or read book The Free Sea written by James Kraska and published by Naval Institute Press. This book was released on 2018-06-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Donald Rothwell
Publisher : Oxford Handbooks in Law
ISBN 13 : 019871548X
Total Pages : 1073 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Oxford Handbook of the Law of the Sea written by Donald Rothwell and published by Oxford Handbooks in Law. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. ThisOxford 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. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Author : Bruce A. Elleman
Publisher : Government Printing Office
ISBN 13 : 9781884733956
Total Pages : 192 pages
Book Rating : 4.56/5 ( download)

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Download or read book High Seas Buffer written by Bruce A. Elleman and published by Government Printing Office. This book was released on 2012 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: it ensured that friction over the Taiwan Strait did not escalate into a full-blown war. In fact, the Taiwan Patrol Force did its job so well that virtually nothing has been written about it. U.S. Navy ships acted both as a buffer between the two antagonists and as a trip wire in case of aggression. The force fulfilled the latter function twice in the 1950s -- during the first (1954-55) and second (1958) Taiwan Strait crises --

Author : Ruth Rubio-Marín
Publisher : OUP Oxford
ISBN 13 : 0191004499
Total Pages : 380 pages
Book Rating : 4.90/5 ( download)

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Download or read book Human Rights and Immigration written by Ruth Rubio-Marín and published by OUP Oxford. This book was released on 2014-01-30 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.

Author : Robin Bowley
Publisher : Taylor & Francis
ISBN 13 : 1000818950
Total Pages : 285 pages
Book Rating : 4.56/5 ( download)

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Download or read book Preventing the Maritime Facilitation of Terrorism written by Robin Bowley and published by Taylor & Francis. This book was released on 2022-12-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.