The Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas

Author: Efthymios Papastavridis

Publisher: Bloomsbury Publishing

Published: 2014-08-28

Total Pages: 267

ISBN-13: 1782250859

DOWNLOAD EBOOK

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.


Maritime Interception and the Law of Naval Operations

Maritime Interception and the Law of Naval Operations

Author: Martin Fink

Publisher: Springer

Published: 2018-08-29

Total Pages: 319

ISBN-13: 946265249X

DOWNLOAD EBOOK

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.


Shipping Interdiction and the Law of the Sea

Shipping Interdiction and the Law of the Sea

Author: Douglas Guilfoyle

Publisher: Cambridge University Press

Published: 2009-08-13

Total Pages: 435

ISBN-13: 0521760194

DOWNLOAD EBOOK

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.


The Legal Order of the Oceans

The Legal Order of the Oceans

Author: A.V. Lowe

Publisher: Bloomsbury Publishing

Published: 2009-08-15

Total Pages: 1030

ISBN-13: 1847317162

DOWNLOAD EBOOK

This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.


UNCLOS 1982 Commentary

UNCLOS 1982 Commentary

Author: Myron H. Nordquist

Publisher: Martinus Nijhoff Publishers

Published: 2012-01-20

Total Pages: 937

ISBN-13: 9004215638

DOWNLOAD EBOOK

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.


Preventing the Maritime Facilitation of Terrorism

Preventing the Maritime Facilitation of Terrorism

Author: Robin Bowley

Publisher: Taylor & Francis

Published: 2022-12-30

Total Pages: 285

ISBN-13: 1000818950

DOWNLOAD EBOOK

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.


Migrant Smuggling by Sea

Migrant Smuggling by Sea

Author: Patricia Mallia

Publisher: BRILL

Published: 2009-10-03

Total Pages: 304

ISBN-13: 9004182977

DOWNLOAD EBOOK

This monograph searches for a solution to the crime of migrant smuggling by sea aimed at reconciling 21st century exigencies with age-old, fundamental principles such as the freedom of the high seas.


The International Law of the Sea

The International Law of the Sea

Author: Yoshifumi Tanaka

Publisher: Cambridge University Press

Published: 2019-08-15

Total Pages: 641

ISBN-13: 110842421X

DOWNLOAD EBOOK

Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.


The International Law of Migrant Smuggling

The International Law of Migrant Smuggling

Author: Anne T. Gallagher

Publisher: Cambridge University Press

Published: 2014-07-21

Total Pages: 841

ISBN-13: 1107015928

DOWNLOAD EBOOK

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.


State Territory and International Law

State Territory and International Law

Author: Josephat Ezenwajiaku

Publisher: Routledge

Published: 2020-05-31

Total Pages: 205

ISBN-13: 1000073483

DOWNLOAD EBOOK

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.