Shipping Interdiction and the Law of the Sea

Author: Douglas Guilfoyle
Publisher: Cambridge University Press
ISBN: 0521760194
Format: PDF
Download Now
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.

Refuge Lost

Author: Daniel Ghezelbash
Publisher: Cambridge University Press
ISBN: 1108425259
Format: PDF, Docs
Download Now
As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.

The International Law of the Sea

Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1316299813
Format: PDF, Docs
Download Now
This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.

Piracy and International Maritime Crimes in ASEAN

Author: Robert C. Beckman
Publisher: Edward Elgar Publishing
ISBN: 1781006857
Format: PDF, Mobi
Download Now
ÔThis book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.Õ Ð Myron H. Nordquist, University of Virginia School of Law, US ÔThis book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy.Õ Ð John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador ÔI can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world's shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies.Õ Ð Tommy Koh, United Nations Convention on the Law of the Sea Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea.

The Use of CITES for Commercially exploited Fish Species

Author: Solène Guggisberg
Publisher: Springer
ISBN: 3319237020
Format: PDF, ePub, Mobi
Download Now
This book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.

Maritime Law and Practice in Nigeria

Author: Dr. Collins O. Chijioke
Publisher: AuthorHouse
ISBN: 152461842X
Format: PDF, Docs
Download Now
About the Book Paucity of literature in the area of maritime law in Nigeria was what motivated the author to embark on this project and as such this book is the authors attempt to contribute to the bridging of the gap in knowledge in this area of the law. This book is written in simple and understandable English to ensure fluidity of reading. It is presented in such a way as to provide information in the areas of commercial law, carriage of goods by sea, maritime law as well as practical steps in maritime law litigation and related actions. Particular consideration has been given to the study of carriage of dangerous goods by sea, a subject which existing legal literature in Nigeria merely mentioned in passing. Suffice it to say that this book is the first Nigerian legal literature that has explored that subject, taking into consideration our domestic laws and international treaties; most of which are yet to be ratified and domesticated in Nigeria. Though the work has Nigeria as its geographical location it has discussed the subject with comparative analysis of contemporary development in some areas of maritime law; with special reference to the United Kingdom and the United States. It is the authors belief that this book, apart from providing practical guide to maritime litigation in Nigeria, would also serve as veritable tool for teaching and studying of maritime law and related courses in Nigerian Universities and other territory institutions and would be immeasurably useful to legal practitioners, members of the bench an research fellows. Dr. C. O. Chijioke Faculty of Law Abia State University

Theatre of the Rule of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Format: PDF, Docs
Download Now
Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

The Interception of Vessels on the High Seas

Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
ISBN: 1782250859
Format: PDF, Mobi
Download Now
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.

Conflict of Norms in Public International Law

Author: Joost Pauwelyn
Publisher: Cambridge University Press
ISBN: 9781139436908
Format: PDF, ePub, Docs
Download Now
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

Necessity Proportionality and the Use of Force by States

Author: Judith Gardam
Publisher: Cambridge University Press
ISBN: 9781139456173
Format: PDF, Kindle
Download Now
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.