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Author: Maria Mkandawire
Publisher: LAP Lambert Academic Publishing
ISBN: 9783848492978
Category :
Languages : de
Pages : 108
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Book Description
From the earliest of time, the high seas were open to free and unrestricted use by all. The rule of customary law that was subsequently codified in 1982 was that the high seas were open to all States and no State could validly purport to subject any part of them to its sovereignty. From this doctrine, it follows therefore, that no State has the right to prevent or interfere with ships of another State from using the high seas for any lawful act. Exceptions are provided for under international law when States are at liberty to interfere with vessels of other States sailing on the high seas. In cases, for instance, where unlawful acts are suspected, such as piracy or slave trade. In 1981, however, the United States government introduced an interdiction programme against Haitian flag vessels on the high seas, to stop the flow of Haitian immigrants from entering the United States who were regarded as a serious national problem detrimental to the interests of the United States. The interdiction programme involved boarding and searching vessels in international waters, and was questioned by international law practitioners. This book reviews the legality of the United States programme.
Author: Maria Mkandawire
Publisher: LAP Lambert Academic Publishing
ISBN: 9783848492978
Category :
Languages : de
Pages : 108
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Book Description
From the earliest of time, the high seas were open to free and unrestricted use by all. The rule of customary law that was subsequently codified in 1982 was that the high seas were open to all States and no State could validly purport to subject any part of them to its sovereignty. From this doctrine, it follows therefore, that no State has the right to prevent or interfere with ships of another State from using the high seas for any lawful act. Exceptions are provided for under international law when States are at liberty to interfere with vessels of other States sailing on the high seas. In cases, for instance, where unlawful acts are suspected, such as piracy or slave trade. In 1981, however, the United States government introduced an interdiction programme against Haitian flag vessels on the high seas, to stop the flow of Haitian immigrants from entering the United States who were regarded as a serious national problem detrimental to the interests of the United States. The interdiction programme involved boarding and searching vessels in international waters, and was questioned by international law practitioners. This book reviews the legality of the United States programme.
Author: Sam Bateman
Publisher: Routledge
ISBN: 0429557086
Category : Law
Languages : en
Pages : 139
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Book Description
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.
Author: Robin Rolf Churchill
Publisher: Manchester University Press
ISBN: 9780719009365
Category : Law
Languages : en
Pages : 368
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Book Description
Introductory survey covering 1982 U.N. Convention on the Law of the Sea and the customary and conventional law which supplements it.
Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262598
Category : Law
Languages : en
Pages : 812
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Book Description
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: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
ISBN: 9004284087
Category : Law
Languages : en
Pages : 330
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Book Description
Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.
Author: James Kraska
Publisher: Naval Institute Press
ISBN: 1682471179
Category : History
Languages : en
Pages : 218
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Book Description
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.
Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217738
Category : Law
Languages : en
Pages : 998
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Book Description
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Author: Cameron Moore
Publisher: Routledge
ISBN: 042975891X
Category : Law
Languages : en
Pages : 152
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Book Description
There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.
Author: T O Elias
Publisher: Martinus Nijhoff Publishers
ISBN: 9004634495
Category : Business & Economics
Languages : en
Pages : 384
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Book Description
Author: Cass R. Sunstein
Publisher: Princeton University Press
ISBN: 0691191158
Category : Political Science
Languages : en
Pages : 135
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Book Description
From New York Times bestselling author Cass Sunstein, a brisk, provocative book that shows what freedom really means—and requires—today In this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn’t nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go—whether the issue involves health, money, jobs, children, or relationships. In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live—which raises the difficult question of which outcome best promotes our well-being. Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed—and shows what it would take to make freedom real.
