Counter-Piracy Law in Practice

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Publisher : Taylor & Francis
ISBN 13 : 1000843599
Total Pages : 124 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Counter-Piracy Law in Practice by : Jessica Larsen

Download or read book Counter-Piracy Law in Practice written by Jessica Larsen and published by Taylor & Francis. This book was released on 2023-03-03 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices that suggest impunity and question legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars who share a methodological commitment to practice.

The Law and Practice of Piracy at Sea

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252703
Total Pages : 657 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Law and Practice of Piracy at Sea by : Panos Koutrakos

Download or read book The Law and Practice of Piracy at Sea written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The Law and Practice of Piracy at Sea

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 178225269X
Total Pages : 416 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Law and Practice of Piracy at Sea by : Panos Koutrakos

Download or read book The Law and Practice of Piracy at Sea written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

Private Anti-Piracy Navies

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Publisher : Lexington Books
ISBN 13 : 0739173332
Total Pages : 289 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Private Anti-Piracy Navies by : John J. Pitney

Download or read book Private Anti-Piracy Navies written by John J. Pitney and published by Lexington Books. This book was released on 2013-12-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century has seen a sharp rise in privatization of the military, especially of logistics and security functions during the U.S.-led wars in Iraq and Afghanistan. The outbreak of Somali piracy that started in 2008 has prompted a similar revolution in maritime security. Private security companies began operating armed escort vessels to protect merchant shipping against pirates off the Horn of Africa. Private Anti-Piracy Navies is intended to provide a contextualized understanding of the historical origins, current state, and future prospects of this fast-changing sector. Centuries ago, the British East India Company used a private navy against piracy in the same waters with much success. Yet since then, international law has evolved to more tightly regulate the use of force by civilians, and to afford greater protections to suspected pirates. Thus, the development of what are in effect private warships has presented numerous legal and regulatory problems. How can the companies that operate these vessels be effectively licensed? Under what circumstances should they be allowed to use lethal force? This book explains how regulators in industry and government have attempted to answer such questions, and highlights the remaining areas of uncertainty. It also addresses the economic factors that drive the struggle between pirates and anti-piracy forces. Of equal concern are operational considerations such as defensive tactics, logistics, and rules of engagement. Security companies must carefully balance rights concerns against the need to defend ships effectively. Partly due to the contribution of private security, piracy in the Indian Ocean has dropped significantly over the past two years, leading to widespread overconfidence. Governments under severe budget pressure may withdraw their naval task forces from the region prematurely, leading to a resurgence of Somali piracy. At the same time, pirates are wreaking havoc in the Gulf of Guinea off West Africa. The book concludes with an assessment of private naval forces’ prospects in these conflicts over the short term, as well as the implications for wider naval privatization in the long run.

Modern Piracy

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1849804931
Total Pages : 369 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Modern Piracy by : Douglas Guilfoyle

Download or read book Modern Piracy written by Douglas Guilfoyle and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.Õ Ð Robin Churchill, The University of Dundee, UK ÔPiracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.Õ Ð Malcolm Evans, University of Bristol, UK Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike. Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.

An Introduction to Transnational Criminal Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191632023
Total Pages : 544 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis An Introduction to Transnational Criminal Law by : Neil Boister

Download or read book An Introduction to Transnational Criminal Law written by Neil Boister and published by OUP Oxford. This book was released on 2012-09-06 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.

Somali Piracy

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Author :
Publisher : Routledge
ISBN 13 : 9780815391968
Total Pages : 208 pages
Book Rating : 4.3/5 (919 download)

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Book Synopsis Somali Piracy by : Jade Lindley

Download or read book Somali Piracy written by Jade Lindley and published by Routledge. This book was released on 2018-04-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime piracy off the coast of Somalia was first recognised as a global concern in 2008 after the hijackings of World Food Programme vessels. It remains a serious impediment to international maritime trade and a significant risk to seafarers. Bringing a criminological perspective to the subject, this book presents an analysis of Somali piracy by means of Routine Activity Theory and regulatory pluralism. Based on data from a range of sources, including published documents and in-depth interviews with representatives of industry, government, and international organisations, the study concludes that no one institution or policy will suffice to control Somali piracy. Accordingly, a number of different actors and institutions have a role to play in reducing the supply of motivated offenders, the vulnerability of prospective victims, and in enhancing guardianship. The book envisages a holistic counter-piracy program based on a pluralistic regulatory model that is sustainable within the region, and managed by the region, providing the best opportunity for both the immediate future, and for long-term success. This study will be essential reading for criminologists, public policy and legal scholars, as well as policy makers and regulators in countries affected by and dealing with piracy, and international professional advocacy groups operating in the maritime space.

The International Law of the Sea

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Publisher : Cambridge University Press
ISBN 13 : 1316299813
Total Pages : 549 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis The International Law of the Sea by : Yoshifumi Tanaka

Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2015-04-16 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.

The law of the sea

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Publisher : Manchester University Press
ISBN 13 : 1526116294
Total Pages : 828 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The law of the sea by : Robin Churchill

Download or read book The law of the sea written by Robin Churchill and published by Manchester University Press. This book was released on 2022-05-10 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.

Routledge Handbook of Maritime Security

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Publisher : Taylor & Francis
ISBN 13 : 1000593495
Total Pages : 367 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Routledge Handbook of Maritime Security by : Ruxandra-Laura Boşilcă

Download or read book Routledge Handbook of Maritime Security written by Ruxandra-Laura Boşilcă and published by Taylor & Francis. This book was released on 2022-07-25 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Chapter 13 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial] (CC-BY-NC)] 4.0 license.

European Diplomacy in Practice

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Publisher : Routledge
ISBN 13 : 1351336754
Total Pages : 308 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis European Diplomacy in Practice by : Federica Bicchi

Download or read book European Diplomacy in Practice written by Federica Bicchi and published by Routledge. This book was released on 2018-12-07 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to show practice approaches at work in the fields of European diplomacy and security broadly conceived. It sets out to provide readers with a hands-on sense of where research on social practices and European diplomacy, security and foreign policy currently stands. The book reviews how practice approaches have evolved in International Relations (IR) and brings together an unique set of contributions which highlights how insights from practice approaches can be applied to advance research on a number of key issues in these fields. While the debate about practices in IR goes beyond the case of diplomacy, the latter has become a showcase for the former and this book continues the debate on practices and diplomacy by zooming in on the European Union. Examples of issues covered include the evolution of EU-NATO relations seen from the perspective of communities of practice, burden sharing as an anchoring practice for European states’ involvement in crisis management operations, the practical knowledge shaping the EU’s responses to the Arab Uprisings, agency as accomplished in and through EU counter-piracy practices and the political resistance to Israeli occupation and the non-official recognition of Palestine performed by EU diplomats. Thus, by focusing on specific practices and analytical mechanisms that contribute to understand the transformations of European diplomacy, security and foreign policy, this book provides essential readings to anyone interested in innovative ways to grasp the contemporary challenges that face the EU and its member states. The chapters originally published as a special issue of European Security.

Hostages and Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 110875922X
Total Pages : 271 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Hostages and Human Rights by : Sofia Galani

Download or read book Hostages and Human Rights written by Sofia Galani and published by Cambridge University Press. This book was released on 2021-07-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

Maritime Interception and the Law of Naval Operations

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Publisher : Springer
ISBN 13 : 946265249X
Total Pages : 319 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Maritime Interception and the Law of Naval Operations by : Martin Fink

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 319 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.

Ocean Law and Policy

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Author :
Publisher : BRILL
ISBN 13 : 9004311440
Total Pages : 483 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Ocean Law and Policy by : Carlos Espósito

Download or read book Ocean Law and Policy written by Carlos Espósito and published by BRILL. This book was released on 2016-10-11 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.

The United Nations Convention on the Law of the Sea

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Author :
Publisher : Taylor & Francis
ISBN 13 : 100096728X
Total Pages : 294 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The United Nations Convention on the Law of the Sea by : Kristina Siig

Download or read book The United Nations Convention on the Law of the Sea written by Kristina Siig and published by Taylor & Francis. This book was released on 2023-10-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521760194
Total Pages : 435 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Shipping Interdiction and the Law of the Sea by : Douglas Guilfoyle

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.

Unconventional Lawmaking in the Law of the Sea

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192897829
Total Pages : 465 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Unconventional Lawmaking in the Law of the Sea by : Natalie Klein

Download or read book Unconventional Lawmaking in the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea