The exercise of jurisdiction over vessels

new developments in the fields of pollution, fisheries, crimes at sea and trafficking of weapons of mass destruction
  • 225 Pages
  • 3.61 MB
  • English
Bruylant , Bruxelles
Criminal provisions, Congresses, Offenses against the environment, Maritime law, Jurisdiction over ships at sea, Fishery law and legisl
Statementedited by Erik Franckx, Philippe Gautier
LC ClassificationsK1154.8 .E96 2010
The Physical Object
Paginationxx, 225 p. ;
ID Numbers
Open LibraryOL25309381M
ISBN 102802729888
ISBN 139782802729884
LC Control Number2012391413

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The exercise of jurisdiction over vessels: New developments in the fields of pollution, fisheries, crimes at sea and trafficking of weapons of mass destruction by Philippe Gautier () on *FREE* shipping on qualifying offers.

The exercise of jurisdiction over vessels: New developments in the fields of pollution, fisheries, crimes at sea and trafficking of weapons of mass Manufacturer: Editions juridiques Bruylant. State jurisdiction over vessels at sea.

This book principally examines situations where one state exercises jurisdiction over a vessel otherwise subject to the exclusive jurisdiction of a flag or coastal state. ‘Jurisdiction’ refers to a state's power ‘under international law to govern persons and property by its [national] law’ and to Cited by: 1.

Functional jurisdiction, territorial jurisdiction and unlawful jurisdiction are in turn discussed. Finally, the chapter concludes that there are numerous rules that permit or mandate the exercise of jurisdiction over a person by a State and that the trend is towards the increase of legal duties to exercise such jurisdiction, so as to serve Author: Irini Papanicolopulu, Irini Papanicolopulu.

Written by specialists, this book gives a perfect overview of the new threats and challenges of Maritime Law - The Exercise of Jurisdiction over Vessels - Ouvrage Larcier Javascript est désactivé dans votre navigateur.

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 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.

In her newest book, Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation, Alla Pozdnakova analyzes the rules of international law that regulate the exercise of criminal jurisdiction over the perpetrators of ship-source this end, she examines the provisions of municipal law of some states as well as the rules.

Chapter 3 Exercise of Jurisdiction Introduction. Having considered in Chapter 2 the scope of the subject-matter jurisdiction of the Admiralty Court, it is necessary to consider in this chapter the manner in which that jurisdiction may be exercised, and the limits imposed by law upon the exercise of that jurisdiction.

Admiralty jurisdiction may be exercised in personam or in rem. b) States may exercise jurisdiction over foreign vessels on the high seas only in cases of criminal activity that concerns them c) The flag State The exercise of jurisdiction over vessels book to exercise exclusive jurisdiction over its vessels on the high seas, with the exception of specific cases, such as piracy.

The Exercise of Jurisdiction over Vessels: New Developments in the Fields of Pollution, Fisheries, Crimes at Sea and Trafficking of Weapons of Mass Destruction.

Bruylant: Bruxelles () (ISBN) pages. jurisdiction over a vessel, nly the ag State may exercise jurisdiction o ver a vessel on the high seas.

46 British Y ear Book of International. Law –, at pp. – Federal jurisdiction over the environment may also come from other federal powers. For example, the taxation power (s. 91(3)) provides the federal government with the ability to encourage environmentally friendly behaviors, such as tax assistance for donations of ecologically sensitive land.

1 Port State jurisdiction is the competence of States to exercise prescriptive (or legislative) and enforcement jurisdiction over foreign vessels within their ports. Like land borders, seaports give access to the landmass of a State for persons and goods, and are therefore logical points of control for, inter alia, customs, immigration.

It may suffice to refer to jurisdiction aboard national vessels or aircraft, or jurisdiction over a member of the armed forces in a foreign state consenting INTRATERRITORIAL EXERCISE OF JURISDICTION OVER PARTIES ABROAD AND OVER EXTRATERRITORIAL ACTMTIES 12 See ch.

7 text at note 29 of the author's forthcoming book. 13 Restatement. Get this from a library. The exercise of jurisdiction over vessels: new developments in the fields of pollution, fisheries, crimes at sea and trafficking of weapons of mass destruction.

[Erik Franckx; Ph Gautier;] -- "Proceedings of the colloquium held at Brussels on 27 April "--Page [xi]. Coastal State Jurisdiction over Vessel-Source Pollution deals with prescriptive and enforcement jurisdiction in international law aimed at preventing, reducing and controlling pollution of the marine environment.

The focus is on a single source of pollution, viz. that by vessels, from the perspective of the coastal State. Any nation may exercise jurisdiction over persons actually engaged in piracy. This does not, however, authorize the halting, for purposes of inspection, or visit and search, of alien vessels in time of peace unless they are reasonably suspected of being engaged in piracy.

‘India will be compensated for loss of life, physical harm, material damage to property and moral harm suffered by the captain, other crew members of vessel’. Buy The Exercise of Jurisdiction Over Vessels by Philippe Gautier, Erik Franckx from Waterstones today. Click and Collect from your local Waterstones or get FREE UK delivery on orders over £ The cases where the courts are required to exercise jurisdiction over maritime property can be brought only in a federal court.

In an admiralty action in rem, a vessel or other thing seized is considered as the defendant and, in an admiralty action in personam a person is treated as the defendant and personally charged with respect to some.

Nevertheless, for several reasons, we find the incident inadequate to establish historic title to Cook Inlet as inland waters. First, the incident was an exercise of sovereignty, if at all, only over the waters of Shelikof Strait.

The vessels were boarded in the strait, some. The principal law under which the U.S. exercises its Special Maritime and Territorial Jurisdiction is set forth in Section 7 of Title 18 of the U.S. Code. that the U.S. has jurisdiction over. maritime jurisdiction the high seas then lie beyond the limits of the EEZ.

The high seas is an area over which no state exercises sovereignty. Each zone will now be considered in more detail. Indeed such vessels may only enter a port as of right under customary law when the vessel is in distress and there is a danger to human life.

This country has extra-territorial jurisdiction over its vessels sailing anywhere in the world by virtue of the nationality principle. Every state has the right to sail ships under its flag and. 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.

United States. Within the U.S. federal court system, jurisdiction in rem typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction.

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The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts.

Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting prosecuted under universal jurisdiction are considered crimes against all, too serious to.

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. The Tribunal first found that the territoriality principle entitled both States to exercise jurisdiction because “the alleged offence was commenced on board the Italian vessel, ‘Enrica Lexie’, and completed on board the Indian vessel, ‘St.

Antony’” (Award, para.

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The Coast Guard can exercise authority under 14 U.S.C. “Upon the high seas, waters over which the United States has jurisdiction and any vessel subject to the jurisdiction or to the operation of any law of the United States.”. Designated jurisdiction occurs when a higher court orders a lower court to exercise jurisdiction that it would otherwise lack.

55 Pursuant to the CPL, jurisdiction may be designated to a lower court if: (1) the case is transferred to a court that lacks jurisdiction; (2) the court that is competent could not exercise its jurisdiction due to some.

(2) For jurisdiction to be exercised under subsection (1)(d)(i) or (ii) of this section, the individual must have communicated with the petitioner or a member of the petitioner's family, directly or indirectly, or made known a threat to the safety of the petitioner or member of the petitioner's family while the petitioner or family member resides in this state.jurisdiction over the oceans.

To achieve maximum economic benefits from the EEZ, the coastal state must be capable of effectively enforcing its jurisdiction over foreign fishing vessels within the zone.

En-forcement of jurisdiction in the EEZ be-comes the ultimate test of its reality. The standard strategy adopted by many states.Coastal State Jurisdiction over Vessel-Source Pollution (Hardback) by Erik Jaap Molenaar and a great selection of related books, art and collectibles available now at - Coastal State Jurisdiction Over Vessel-source Pollution International Environmental Law and Policy Series, V 51 by Molenaar, Erik Jaap - AbeBooks.