Author : Haijiang Yang
Publisher : Springer Science & Business Media
Page : 294 pages
File Size : 26,88 MB
Release : 2006-07-30
Category : Law
ISBN : 3540331921
The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.
Author : Philip Caryl Jessup
Publisher :
Page : 598 pages
File Size : 17,32 MB
Release : 1927
Category : Maritime law
ISBN :
Author : Henrik Ringbom
Publisher : BRILL
Page : 466 pages
File Size : 19,38 MB
Release : 2015-08-11
Category : Law
ISBN : 9004303502
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Author : Charles Noble Gregory
Publisher :
Page : 36 pages
File Size : 47,98 MB
Release : 1904
Category : Innocent passage (Law of the sea)
ISBN :
Author : Thamarappallil Kochu Thommen
Publisher : Springer
Page : 187 pages
File Size : 19,47 MB
Release : 2012-12-06
Category : Law
ISBN : 9401192693
This book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.
Author : Clive H. Schofield
Publisher : Martinus Nijhoff Publishers
Page : 812 pages
File Size : 26,59 MB
Release : 2013-11-28
Category : Law
ISBN : 9004262598
The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.
Author : Edgar Tremlett Fell
Publisher : Baltimore, Md. : Johns Hopkins Press
Page : 146 pages
File Size : 40,42 MB
Release : 1922
Category : Admiralty
ISBN :
Author : Antonio Sánchez de Bustamante y Sirvén
Publisher :
Page : 220 pages
File Size : 38,51 MB
Release : 1930
Category : Maritime law
ISBN :
Author : Francis Ngantcha
Publisher : Burns & Oates
Page : 248 pages
File Size : 16,75 MB
Release : 1990
Category : Law
ISBN :
This is a contribution to the debate about the Law of the Sea, published to coincide with the signing of a new Convention. Despite comprehensive international rules on navigation contained in the 1982 Law of the Sea Convention, the right of innocent passage for all ships is still controversial in many respects - particularly the definition of non-innocent passsage, the recognition of the possibility of declarations, the innocent passage of warships or other special sea vessels.
Author : Bevan Marten
Publisher : Springer Science & Business Media
Page : 282 pages
File Size : 13,81 MB
Release : 2013-08-31
Category : Law
ISBN : 3319003518
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
