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 : 269 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 269 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.

Shipping Interdiction and the Law of the Sea

Author : Douglas Guilfoyle
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.

UNCLOS 1982 Commentary

Author : Myron H. Nordquist
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.

Migrant Smuggling by Sea

Author : Patricia Mallia
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.

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 Migrant Smuggling

Author : Anne T. Gallagher
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 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.

The Free Sea

Author : James Kraska
Publisher : Naval Institute Press
ISBN 13 : 1682471179
Total Pages : 218 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis The Free Sea by : James Kraska

Download or read book The Free Sea written by James Kraska and published by Naval Institute Press. This book was released on 2018-06-15 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.

Frontex and Non-Refoulement

Author : Roberta Mungianu
Publisher : Cambridge University Press
ISBN 13 : 1316790827
Total Pages : 275 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 275 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.

Navigation Rules

Author : United States. Coast Guard
Publisher : Skyhorse Publishing Inc.
ISBN 13 : 1616082437
Total Pages : 338 pages
Book Rating : 4.6/5 (16 download)

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Book Synopsis Navigation Rules by : United States. Coast Guard

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

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.

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 2018-07-17 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.

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: A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.

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.

Refuge Lost

Author : Daniel Ghezelbash
Publisher : Cambridge University Press
ISBN 13 : 1108611656
Total Pages : 227 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 227 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.

United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay

Author : Azadeh Dastyari
Publisher : Cambridge University Press
ISBN 13 : 1316352447
Total Pages : 287 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay by : Azadeh Dastyari

Download or read book United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay written by Azadeh Dastyari and published by Cambridge University Press. This book was released on 2015-07-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.

Coastal Security

Author : Prof K R Singh
Publisher : Vij Books India Pvt Ltd
ISBN 13 : 9381411999
Total Pages : 300 pages
Book Rating : 4.3/5 (814 download)

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Book Synopsis Coastal Security by : Prof K R Singh

Download or read book Coastal Security written by Prof K R Singh and published by Vij Books India Pvt Ltd. This book was released on 2012-09-04 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there is enough literature dealing with different facets of the topic related to maritime security, this book is an effort to deal with multiple facets of the subject. Topics covered in the book include themes like multiple maritime zones as defined under UNCLOS-III and India's MZI Act of 1976 as also state's criminal jurisdiction in these zones under prevailing international norms and state practices. The author has attempted to assess the available capability of various maritime enforcement agencies like the Navy, the Coast Guard, the Customs (Marine) and the Marine Police as well as the possible role that CISF can play in basic point security of port and off-shore platforms. Last two chapters deal with developments since 2004 and steps that were taken to evolve a framework for coastal security as well as steps initiated after 2008 to strengthen cooperation among various agencies involved in that context. Attempt has been made in the last chapter to suggest ways and means to improve not only the overall structures of maritime security but also to strengthen sea governance during Phase II (2011-16) of Coastal Security Scheme.