Refuge for ships in distress at sea. Limitations within Law of the Sea Convention

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3346393313
Total Pages : 11 pages
Book Rating : 4.3/5 (463 download)

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Book Synopsis Refuge for ships in distress at sea. Limitations within Law of the Sea Convention by : Ronald Bulimu

Download or read book Refuge for ships in distress at sea. Limitations within Law of the Sea Convention written by Ronald Bulimu and published by GRIN Verlag. This book was released on 2021-04-22 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2019 in the subject Politics - International Politics - Topic: Miscellaneous, grade: 4.5, Göteborg University (School of Economics, Business and Law), course: International Law in the Maritime Context, language: English, abstract: This case study presents two critical questions: What are the dangers of exposing a distressed tanker to the open seas over extended period of time? To what extent would providing relief (access to port) to a ship in distress harm the coastal state rendering such assistance? These two questions present one of the most controversial and pressing legal issue within law of the sea in the wake of high profile incidents of vessel-source pollution. The unwillingness of coastal states to grant access to their ports to vessels in distress at sea has attracted parallel opinions from different schools of thought. This could perhaps be attributed to the fact that UNCLOS (1982) which is considered as the constitution of the ocean; fails to provide an express legal order to matters relating to such access. An analysis of the shortcomings within the 1982 LOSC on issues relating to refuge for ships in distress at sea forms the basis of this discussion. Build-up to the discussion will include a brief overview to the customary law perspective on issues of refuge for such ships and the international attitude to this issue through present state practices.

International Maritime Security Law

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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.

Migrant Smuggling by Sea

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Publisher : BRILL
ISBN 13 : 9004182977
Total Pages : 304 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Migrant Smuggling by Sea by : Patricia Mallia

Download or read book Migrant Smuggling by Sea written by Patricia Mallia and published by BRILL. This book was released on 2009-10-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.

The Duty of the Shipmaster to Render Assistance at Sea under International Law

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Publisher : BRILL
ISBN 13 : 9004438254
Total Pages : 374 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Duty of the Shipmaster to Render Assistance at Sea under International Law by : Felicity G. Attard

Download or read book The Duty of the Shipmaster to Render Assistance at Sea under International Law written by Felicity G. Attard and published by BRILL. This book was released on 2020-08-25 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.

The International Law of Migrant Smuggling

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Publisher : Cambridge University Press
ISBN 13 : 1107015928
Total Pages : 841 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The International Law of Migrant Smuggling by : Anne T. Gallagher

Download or read book The International Law of Migrant Smuggling written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2014-07-21 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Mission co-ordination

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Author :
Publisher : Imo
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Mission co-ordination by : International Maritime Organization

Download or read book Mission co-ordination written by International Maritime Organization and published by Imo. This book was released on 2008 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mission Co-ordination volume assists personnel who plan and co- ordinate SAR operations and exercises. This Manual is published jointly by the International Civil Aviation Organization and the International Maritime Organization.

Coast Guards and International Maritime Law Enforcement

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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.

The Practice of Shared Responsibility in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107107091
Total Pages : 1229 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper

Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

Commentary on the Second Geneva Convention

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Publisher : Cambridge University Press
ISBN 13 : 1108527566
Total Pages : 1356 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Commentary on the Second Geneva Convention by :

Download or read book Commentary on the Second Geneva Convention written by and published by Cambridge University Press. This book was released on 2017-12-21 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.

Places of Refuge for Ships

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900414952X
Total Pages : 581 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Places of Refuge for Ships by : Aldo E. Chircop

Download or read book Places of Refuge for Ships written by Aldo E. Chircop and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.

UNCLOS 1982 Commentary

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004215638
Total Pages : 937 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis UNCLOS 1982 Commentary by : Myron H. Nordquist

Download or read book UNCLOS 1982 Commentary written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 2012-01-20 with total page 937 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Places of Refuge for Ships in Distress

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004218882
Total Pages : 428 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Places of Refuge for Ships in Distress by : Anthony Morrison

Download or read book Places of Refuge for Ships in Distress written by Anthony Morrison and published by Martinus Nijhoff Publishers. This book was released on 2012-06-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of places of refuge for ships in distress is a pressing issue in maritime circles. Places of Refuge for Ships in Distress by Anthony Morrison examines the problem in the context of international and national law and analyses the remedies that have been suggested for resolving this troubling issue. The book examines places of refuge under international law, the laws of four major maritime States and the European Union. Places of Refuge for Ships in Distress analyses two proposed solutions – voluntary guidelines and a new convention. The book asserts that additional solutions are needed and examines potential alternatives. Places of Refuge for Ships in Distress is particularly useful, not only as an assessment of the specific problem, but also the wider examination of international maritime and environmental law that underpins any solution. It will serve as an essential resource to individuals involved in international, maritime and environmental law and those concerned with the threat to the environment posed by the carriage of dangerous goods by sea.

The Legal Regime of Straits

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Publisher : Cambridge University Press
ISBN 13 : 1316060608
Total Pages : 531 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis The Legal Regime of Straits by : Hugo Caminos

Download or read book The Legal Regime of Straits written by Hugo Caminos and published by Cambridge University Press. This book was released on 2014-12-22 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.

Extraterritorial Immigration Control

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Publisher : BRILL
ISBN 13 : 9004172335
Total Pages : 460 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Extraterritorial Immigration Control by : Bernhard Ryan

Download or read book Extraterritorial Immigration Control written by Bernhard Ryan and published by BRILL. This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.

United Nations Convention on the Law of the Sea, 1982

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792307648
Total Pages : 818 pages
Book Rating : 4.3/5 (76 download)

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Book Synopsis United Nations Convention on the Law of the Sea, 1982 by : Myron H. Nordquist

Download or read book United Nations Convention on the Law of the Sea, 1982 written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 1985 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

IAMSAR Manual

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Author :
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis IAMSAR Manual by : International Maritime Organization

Download or read book IAMSAR Manual written by International Maritime Organization and published by . This book was released on 2002 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: