Human Rights and Law Enforcement at Sea

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Author :
Publisher : Brill - Nijhoff
ISBN 13 : 9789004269965
Total Pages : 500 pages
Book Rating : 4.2/5 (699 download)

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Book Synopsis Human Rights and Law Enforcement at Sea by : Anna Petrig

Download or read book Human Rights and Law Enforcement at Sea written by Anna Petrig and published by Brill - Nijhoff. This book was released on 2014-10-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

The IMLI Manual on International Maritime Law: The law of the sea

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199683921
Total Pages : 796 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The IMLI Manual on International Maritime Law: The law of the sea by : David Joseph Attard

Download or read book The IMLI Manual on International Maritime Law: The law of the sea written by David Joseph Attard and published by Oxford University Press, USA. This book was released on 2014 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

Coast Guards and International Maritime Law Enforcement

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527557383
Total Pages : 237 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Coast Guards and International Maritime Law Enforcement by : Suk Kyoon Kim

Download or read book Coast Guards and International Maritime Law Enforcement written by Suk Kyoon Kim and published by Cambridge Scholars Publishing. This book was released on 2020-07-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.

Human Rights and the Dark Side of Globalisation

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1315408252
Total Pages : 381 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Human Rights and the Dark Side of Globalisation by : Thomas Gammeltoft-Hansen

Download or read book Human Rights and the Dark Side of Globalisation written by Thomas Gammeltoft-Hansen and published by Taylor & Francis. This book was released on 2016-12-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.

Maritime Security Law in Hybrid Warfare

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Author :
Publisher : BRILL
ISBN 13 : 9004707999
Total Pages : 417 pages
Book Rating : 4.0/5 (47 download)

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Book Synopsis Maritime Security Law in Hybrid Warfare by : Alexander Lott

Download or read book Maritime Security Law in Hybrid Warfare written by Alexander Lott and published by BRILL. This book was released on 2024-08-29 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.

Human Rights and Law Enforcement at Sea

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004269975
Total Pages : 522 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Human Rights and Law Enforcement at Sea by : Anna Petrig

Download or read book Human Rights and Law Enforcement at Sea written by Anna Petrig and published by Martinus Nijhoff Publishers. This book was released on 2014-10-30 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. An unprecedented number of national and multinational missions have been deployed to counter the phenomenon of piracy off the coast of Somalia and in the region. Their mandate includes the arrest, detention and transfer for prosecution of piracy suspects. The book at hand examines the procedures pertinent to the decision whether to release piracy suspects, prosecute them in the seizing State or transfer them to a third State, and the detention regime pending such decisions. The study provides a critical analysis of the compatibility of these procedures with international law, first and foremost human rights law. Using piracy as an example, it demonstrates that the characteristics of national and multinational law enforcement at sea may lead to a deviation from certain human rights standards – standards that the States in question readily accept and apply in their land-based, territorial law enforcement operations. At the centre of the analysis are two unique case studies, which provide insight into the arrest, detention and transfer procedures in both a multinational context and a purely interstate setting. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

Maritime Operations Law in Practice

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000783308
Total Pages : 215 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Maritime Operations Law in Practice by : David Letts

Download or read book Maritime Operations Law in Practice written by David Letts and published by Taylor & Francis. This book was released on 2022-12-09 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ war-fighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident; offering sophisticated analysis and insights into the case or incidents enduring importance, and their significance for the development of the law applicable to maritime operations; and offering a detailed account and evaluation of the most critical but rarely understood cases in maritime operations law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.

National and International Law Enforcement in the Ocean

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (299 download)

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Book Synopsis National and International Law Enforcement in the Ocean by : William T. Burke

Download or read book National and International Law Enforcement in the Ocean written by William T. Burke and published by . This book was released on 1975 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Maritime Security Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004233571
Total Pages : 965 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Maritime Security Law by : James Kraska

Download or read book International Maritime Security Law written by James Kraska and published by Martinus Nijhoff Publishers. This book was released on 2013-04-15 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.

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.

International Law and the Protection of People at Sea

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Publisher : Oxford University Press
ISBN 13 : 0198789394
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law and the Protection of People at Sea by : Irini Papanicolopulu

Download or read book International Law and the Protection of People at Sea written by Irini Papanicolopulu and published by Oxford University Press. This book was released on 2018 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the actions of Somali pirates to the fate of asylum seekers in the Mediterranean, the rights of those at sea is of vital importance. The first book to comprehensively analyse the legal status of seafarers and sea-travellers, Papanicolopulu's timely text provides a compelling argument for the responsibility of the state to protect those at sea.

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.

The Interception of Vessels on the High Seas

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250859
Total Pages : 267 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Interception of Vessels on the High Seas by : Efthymios Papastavridis

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.

Humanity at Sea

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Publisher : Cambridge University Press
ISBN 13 : 1107148766
Total Pages : 265 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Humanity at Sea by : Itamar Mann

Download or read book Humanity at Sea written by Itamar Mann and published by Cambridge University Press. This book was released on 2016-09-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

Maritime Interception and the Law of Naval Operations

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Author :
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.

The Outlaw Ocean

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Author :
Publisher : Vintage
ISBN 13 : 0451492951
Total Pages : 560 pages
Book Rating : 4.4/5 (514 download)

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Book Synopsis The Outlaw Ocean by : Ian Urbina

Download or read book The Outlaw Ocean written by Ian Urbina and published by Vintage. This book was released on 2019-08-20 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL BESTSELLER • A riveting, adrenaline-fueled tour of a vast, lawless, and rampantly criminal world that few have ever seen: the high seas. There are few remaining frontiers on our planet. But perhaps the wildest, and least understood, are the world's oceans: too big to police, and under no clear international authority, these immense regions of treacherous water play host to rampant criminality and exploitation. Traffickers and smugglers, pirates and mercenaries, wreck thieves and repo men, vigilante conservationists and elusive poachers, seabound abortion providers, clandestine oil-dumpers, shackled slaves and cast-adrift stowaways—drawing on five years of perilous and intrepid reporting, often hundreds of miles from shore, Ian Urbina introduces us to the inhabitants of this hidden world. Through their stories of astonishing courage and brutality, survival and tragedy, he uncovers a globe-spanning network of crime and exploitation that emanates from the fishing, oil, and shipping industries, and on which the world's economies rely. Both a gripping adventure story and a stunning exposé, this unique work of reportage brings fully into view for the first time the disturbing reality of a floating world that connects us all, a place where anyone can do anything because no one is watching.

Hybrid Threats and the Law of the Sea

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Author :
Publisher : BRILL
ISBN 13 : 9004509364
Total Pages : 320 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Hybrid Threats and the Law of the Sea by : Alexander Lott

Download or read book Hybrid Threats and the Law of the Sea written by Alexander Lott and published by BRILL. This book was released on 2022-08-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Read also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.