Jurisdiction over ships : post-UNCLOS developments in the law of the sea / edited by Henrik Ringbom.

Format:

Book

Contributor:

Ringbom, Henrik.

Series:

Publications on Ocean Development 80.

Publications on ocean development ; v. 80

Language:

English

Subjects (All):

Jurisdiction over ships at sea.

Ships--Nationality.

Ships.

Law of the sea.

Physical Description:

1 online resource (466 p.)

Place of Publication:

Leiden ; Boston : Brill Nijhoff, [2015]

Language Note:

English

Summary:

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.

Contents:

Preliminary Material

1 Introduction / Henrik Ringbom

2 Non-Flag States as Guardians of the Maritime Order: Creeping Jurisdiction of a Different Kind? / Robin Geiß and Christian J. Tams

3 United States’ Bilateral Shipboarding Agreements—Upholding Law of the Sea Principles while Updating State Practice / Henning Jessen

4 Sovereign Immune Vessels: Immunities, Responsibilities and Exemptions / Ted L. McDorman

5 Port State Jurisdiction, International Conventions, and Extraterritoriality: An Expansive Interpretation / Bevan Marten

6 Assistance at Sea and Places of Refuge for Ships: Reconciling Competing Norms / Aldo Chircop

7 Excessive Coastal State Jurisdiction: Shipboard Armed Security Personnel / James Kraska

8 The “New” Arctic Passages and the “Old” Law of the Sea / Erik Franckx

9 Safeguards against Excessive Enforcement Measures in the Exclusive Economic Zone—Law and Practice / James Harrison

10 New Maritime Zones and the Law of the Sea / Erik J. Molenaar

11 Under-Utilized Coastal State Jurisdiction: Causes and Consequences / Robin Churchill

12 Seafarers as an Agent of Change of the Jurisdictional Balance / Irini Papanicolopulu

13 Jurisdiction, Ships and Human Rights Treaties / Urfan Khaliq

14 The Role of the International Maritime Organization in Defining and Altering the Jurisdiction of Flag, Coastal, and Port States / Erik Røsæg

15 itlos and Jurisdiction over Ships / Tullio Scovazzi

16 The Impact of eu Secondary Legislation on Issues Concerning Ships: A Case Study of National Proceedings in Respect of Waste Liability and Insolvency / Rosa Greaves

17 The European Court of Justice and Its Role in (Re-)Defining eu Member Statesʼ Jurisdiction over Ships / Alexander Proelss

Index.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

90-04-30350-2

OCLC:

911518845

Publisher Number:

10.1163/9789004303508 DOI