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Jurisdiction over ships : post-UNCLOS developments in the law of the sea /

Jurisdiction over ships : post-UNCLOS developments in the law of the sea / edited by Henrik Ringbom. - 1 online resource (xi, 454 pages) - Publications on ocean development ; v. 80 . - Publications on Ocean Development 80. International Law E-Books Online, Collection 2016, ISBN: 9789004303904. .

Includes bibliographical references and index.

Preliminary Material -- 1 Introduction / 2 Non-Flag States as Guardians of the Maritime Order: Creeping Jurisdiction of a Different Kind? / 3 United States’ Bilateral Shipboarding Agreements—Upholding Law of the Sea Principles while Updating State Practice / 4 Sovereign Immune Vessels: Immunities, Responsibilities and Exemptions / 5 Port State Jurisdiction, International Conventions, and Extraterritoriality: An Expansive Interpretation / 6 Assistance at Sea and Places of Refuge for Ships: Reconciling Competing Norms / 7 Excessive Coastal State Jurisdiction: Shipboard Armed Security Personnel / 8 The “New” Arctic Passages and the “Old” Law of the Sea / 9 Safeguards against Excessive Enforcement Measures in the Exclusive Economic Zone—Law and Practice / 10 New Maritime Zones and the Law of the Sea / 11 Under-Utilized Coastal State Jurisdiction: Causes and Consequences / 12 Seafarers as an Agent of Change of the Jurisdictional Balance / 13 Jurisdiction, Ships and Human Rights Treaties / 14 The Role of the International Maritime Organization in Defining and Altering the Jurisdiction of Flag, Coastal, and Port States / 15 itlos and Jurisdiction over Ships / 16 The Impact of eu Secondary Legislation on Issues Concerning Ships: A Case Study of National Proceedings in Respect of Waste Liability and Insolvency / 17 The European Court of Justice and Its Role in (Re-)Defining eu Member Statesʼ Jurisdiction over Ships / Index. Henrik Ringbom -- Robin Geiß and Christian J. Tams -- Henning Jessen -- Ted L. McDorman -- Bevan Marten -- Aldo Chircop -- James Kraska -- Erik Franckx -- James Harrison -- Erik J. Molenaar -- Robin Churchill -- Irini Papanicolopulu -- Urfan Khaliq -- Erik Røsæg -- Tullio Scovazzi -- Rosa Greaves -- Alexander Proelss --

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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.

9789004303508

10.1163/9789004303508 DOI

2015024715


Jurisdiction over ships at sea.
Ships--Nationality.
Law of the sea.
Jurisdiction over ships at sea.
Law of the sea.
Ships--Nationality.

KZA1470 / .J87 2015

343.09/62