The Interception Of Vessels On The High Seas

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The Interception of Vessels on the High Seas

Author : Efthymios Papastavridis
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.

The Interception of Vessels on the High Seas

Author : Efthymios Papastavridis
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250840
Total Pages : 402 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 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.

Preventing the Maritime Facilitation of Terrorism

Author : Robin Bowley
Publisher : Taylor & Francis
ISBN 13 : 1000818950
Total Pages : 285 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Preventing the Maritime Facilitation of Terrorism by : Robin Bowley

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.

The International Law of the Sea

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
ISBN 13 : 110842421X
Total Pages : 641 pages
Book Rating : 4.1/5 (84 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 2019-08-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.

State Territory and International Law

Author : Josephat Ezenwajiaku
Publisher : Routledge
ISBN 13 : 1000073483
Total Pages : 205 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis State Territory and International Law by : Josephat Ezenwajiaku

Download or read book State Territory and International Law written by Josephat Ezenwajiaku and published by Routledge. This book was released on 2020-05-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Ocean Law Debates

Author : Harry N. Scheiber
Publisher : BRILL
ISBN 13 : 9004343148
Total Pages : 590 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Ocean Law Debates by : Harry N. Scheiber

Download or read book Ocean Law Debates written by Harry N. Scheiber and published by BRILL. This book was released on 2018-03-22 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.

Frontex and Non-Refoulement

Author : Roberta Mungianu
Publisher : Cambridge University Press
ISBN 13 : 1316790827
Total Pages : pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Frontex and Non-Refoulement by : Roberta Mungianu

Download or read book Frontex and Non-Refoulement written by Roberta Mungianu and published by Cambridge University Press. This book was released on 2016-08-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Yearbook of International Humanitarian Law - 2010

Author : M.N. Schmitt
Publisher : Springer Science & Business Media
ISBN 13 : 9067048119
Total Pages : 754 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Yearbook of International Humanitarian Law - 2010 by : M.N. Schmitt

Download or read book Yearbook of International Humanitarian Law - 2010 written by M.N. Schmitt and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

The Oxford Handbook of the Law of the Sea

Author : Donald R. Rothwell
Publisher : OUP Oxford
ISBN 13 : 0191024643
Total Pages : 850 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Law of the Sea by : Donald R. Rothwell

Download or read book The Oxford Handbook of the Law of the Sea written by Donald R. Rothwell and published by OUP Oxford. This book was released on 2015-03-26 with total page 850 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. This Oxford 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. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Irish Yearbook of International Law

Author : Fiona de Londras
Publisher : Bloomsbury Publishing
ISBN 13 : 184946975X
Total Pages : 503 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Irish Yearbook of International Law by : Fiona de Londras

Download or read book Irish Yearbook of International Law written by Fiona de Londras and published by Bloomsbury Publishing. This book was released on 2014-12-04 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

Extraterritorial Immigration Control

Author : Bernard Ryan
Publisher : BRILL
ISBN 13 : 9047425804
Total Pages : 459 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Extraterritorial Immigration Control by : Bernard Ryan

Download or read book Extraterritorial Immigration Control written by Bernard Ryan and published by BRILL. This book was released on 2010-04-06 with total page 459 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.

Maritime Interception and the Law of Naval Operations

Author : Martin Fink
Publisher : Springer
ISBN 13 : 946265249X
Total Pages : 317 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 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.

Refuge Lost

Author : Daniel Ghezelbash
Publisher : Cambridge University Press
ISBN 13 : 1108611656
Total Pages : pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Refuge Lost by : Daniel Ghezelbash

Download or read book Refuge Lost written by Daniel Ghezelbash and published by Cambridge University Press. This book was released on 2018-02-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

Preventing Terrorist Attacks at Sea

Author : Robin Bowley
Publisher : Taylor & Francis
ISBN 13 : 1000811409
Total Pages : 295 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Preventing Terrorist Attacks at Sea by : Robin Bowley

Download or read book Preventing Terrorist Attacks at Sea written by Robin Bowley and published by Taylor & Francis. This book was released on 2022-12-23 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea. 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.

Security, Law and Borders

Author : Tugba Basaran
Publisher : Routledge
ISBN 13 : 1136902139
Total Pages : 154 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Security, Law and Borders by : Tugba Basaran

Download or read book Security, Law and Borders written by Tugba Basaran and published by Routledge. This book was released on 2010-09-21 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

High Seas Driftnet Fishing

Author : United States. Congress. Senate. National Ocean Policy Study
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis High Seas Driftnet Fishing by : United States. Congress. Senate. National Ocean Policy Study

Download or read book High Seas Driftnet Fishing written by United States. Congress. Senate. National Ocean Policy Study and published by . This book was released on 1992 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Non-Flag State Enforcement in High Seas Fisheries

Author : Rosemary Gail Rayfuse
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138897
Total Pages : 462 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Non-Flag State Enforcement in High Seas Fisheries by : Rosemary Gail Rayfuse

Download or read book Non-Flag State Enforcement in High Seas Fisheries written by Rosemary Gail Rayfuse and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.