Shipping Interdiction and the Law of the Sea

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780521760195 | 0521760194
Cover: Hardcover
Copyright: 9/21/2009

Rent

(Recommended)

$102.90

Term

Due

Price

Semester

Dec 12

$114.33

Quarter

Sep 1

$108.61

Short Term

Aug 13

$102.90

*This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping bag.
Buy New

Special Order: 1-2 Weeks

$146.37

In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. 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. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of State practice.

Foreword	p. xv
Preface	p. xvii
Acknowledgements	p. xviii
List of abbreviations	p. xx
Table of treaties and other international agreements	p. xxv
Table of cases	p. xlviii
General principles	p. 1
Introduction: policing the oceans	p. 3
Basic principles of maritime jurisdiction	p. 7
State jurisdiction over vessels at sea	p. 7
Zones of maritime jurisdiction	p. 10
Introduction	p. 10
Territorial sea	p. 10
The contiguous zone	p. 12
The Exclusive Economic Zone	p. 14
The continental shelf	p. 14
Jurisdiction upon the high seas: flag and stateless vessels and hot pursuit	p. 16
A flag state's exclusive jurisdiction	p. 16
Stateless vessels	p. 16
Hot pursuit	p. 18
Conclusion	p. 19
Interdiction and maritime policing	p. 21
General introduction to Part II	p. 23
Piracy and the slave trade	p. 26
Piracy	p. 26
Introduction	p. 26
The prohibition on piracy: theoretical justifications	p. 28
Current legal definitions: conventional and customary law	p. 29
UNCLOS	p. 29
The Harvard Draft Convention	p. 30
The exclusion of political offences?	p. 32
Special elements and geographical limits of the offence	p. 42
Modern forms of piracy	p. 45
Case study: the Malacca and Singapore straits	p. 53
Case study: piracy off Somalia	p. 61
Conclusion	p. 74
The slave trade	p. 75
Conclusion	p. 77
Drug trafficking	p. 79
Introduction	p. 79
US-UK bilateral practice on smuggling	p. 80
The 1988 UN Narcotics Convention	p. 83
The 1990 Spanish-Italian Treaty	p. 85
The 1995 Council of Europe Agreement	p. 86
US bilateral agreements	p. 89
High-seas interdictions	p. 89
Territorial-sea interdictions	p. 91
Conclusion: practical issues in drug interdiction under treaty arrangements	p. 95
Fisheries management	p. 97
Introduction	p. 97
Jurisdiction over fisheries	p. 99
The assertion of fisheries zones prior to UNCLOS	p. 99
UNCLOS fisheries management obligations	p. 100
The 1995 Straddling Fish Stocks Agreement	p. 103
RFMOs and third parties	p. 103
Provision for boarding and inspecting vessels	p. 105
Inspection	p. 106
Investigation	p. 107
Enforcement	p. 107
State responsibility	p. 108
Stateless vessels	p. 108
The FSA 'default' boarding scheme for subsequent RFMOs	p. 108
Common measures in international fisheries management: the International Commission for the Conservation of Atlantic Tunas precedent	p. 112
The practice of regional fisheries management organisations	p. 116
Introduction	p. 116
The North Pacific Anadromous Fish Commission	p. 117
Background	p. 117
Boarding and inspection under the Convention	p. 118
Third-party co-operation: the US-China ship-rider agreement	p. 119
NPAFC high-seas enforcement practice	p. 120
Conclusion	p. 124
The North-East Atlantic Fisheries Commission	p. 124
The NEAFC inspection scheme	p. 125
The NEAFC Non-Contracting Party Scheme	p. 128
Conclusions on NEAFC practice	p. 132
The Northwest Atlantic Fisheries Organization	p. 133
The Estai incident	p. 134
The present NAFO boarding and inspection scheme	p. 137
The NAFO non-contracting party scheme	p. 137
NAFO practice under the scheme	p. 138
The Commission for the Conservation of Antarctic Marine Living Resources	p. 140
Introduction	p. 140
The CCAMLR System of Inspection	p. 143
Enforcement under the System of Inspection	p. 143
Co-operation between Australia and France	p. 144
Australian enforcement practice in its Antarctic EEZs	p. 146
Enforcement practice in the French Antarctic EEZs	p. 150
Conclusion	p. 154
The South East Atlantic Fisheries Organization	p. 156
The Western and Central Pacific Fisheries Commission	p. 158
Countermeasures and custom: a general international law of fisheries interdiction?	p. 160
A general international law right of boarding or duty to permit it	p. 161
A general international law obligation to co-operate with RFMOs	p. 162
Countermeasures	p. 164
Conclusions on unilateral enforcement	p. 168
General conclusions	p. 168
Unauthorised broadcasting on the high seas	p. 170
Introduction	p. 170
A short history of unauthorised broadcasting	p. 170
Jurisdiction under UNCLOS	p. 176
UK practice after 1982	p. 178
Conclusion	p. 179
Transnational crime: migrant smuggling and human trafficking	p. 180
Introduction	p. 180
Migrant smuggling by sea	p. 182
The criminal enterprise of migrant smuggling	p. 182
The UN Convention against Transnational Organized Crime	p. 184
The Protocol against the Smuggling of Migrants	p. 184
US practice	p. 187
Haiti	p. 188
Cuba	p. 192
The Dominican Republic	p. 195
Australian practice	p. 197
Political co-operation	p. 197
Maritime interdiction of irregular migrants and the Tampa incident	p. 198
Australian 'border protection' legislation and practice, 2001-2007	p. 204
Mediterranean practice: Italy, Spain and Malta	p. 209
Introduction	p. 209
Italy	p. 209
Spain	p. 216
Malta	p. 220
Returning asylum-seekers interdicted at sea and non-refoulement	p. 222
Human trafficking	p. 226
Introduction	p. 226
Human trafficking and the slave trade	p. 228
Conclusions	p. 231
Maritime counter-proliferation of weapons of mass destruction	p. 232
Introduction	p. 232
Statements of political intent	p. 233
UNSCR 1540 (28 April 2004)	p. 238
Content and adoption of the resolution	p. 238
UNSCR 1540 and criminal jurisdiction over the territorial sea	p. 240
WMD-related interdiction in state practice	p. 243
The US bilateral WMD interdiction agreements	p. 246
The SUA Protocol 2005	p. 254
Conclusion: criminalisation, liability and implementation	p. 259
The general law of interdiction	p. 263
Interdiction: modalities and international law standards	p. 265
The structure of Part III	p. 265
Applicable safeguards in interdicting foreign vessels, including human rights law	p. 266
The use of force in interdicting foreign vessels	p. 271
Introduction	p. 271
The UN Charter	p. 272
Customary international law and codification: the Caribbean Area Agreement rules	p. 277
Rules 1-4 and 8: the proportionate use of force as a last resort, warning shots and aircraft	p. 280
Rule 5: respect for local law	p. 282
Rule 6: applicable national law on the use of force	p. 287
Rule 7: firearms	p. 289
Rule 9: the prohibition on reprisals	p. 292
Rule 10: individual self-defence	p. 292
Conclusion	p. 293
National jurisdiction and immunities during interdictions	p. 295
Introduction	p. 295
Enforcement of boarding-state law against interdicted vessels	p. 296
Boarding-state obligations under receiving-state law	p. 297
Boarding-state immunity from flag-state criminal jurisdiction	p. 299
Introduction	p. 299
The immunity from local criminal jurisdiction of visiting police organs: an unanswered question?	p. 302
The jurisdictional immunities of visiting armed forces	p. 304
Introduction	p. 304
Immunity from local criminal law when among the general population: the general law	p. 307
Immunity from local criminal law when among the general population: Status of Forces agreements	p. 310
The immunity of visiting forces 'within lines': barracks, bases and areas of operation	p. 314
Conclusion: distinguishing immune and non-immune police acts	p. 318
International responsibility and settlement of claims	p. 324
Liability: applicable standards and diplomatic protection	p. 324
The flag or coastal state: issues of individual and joint liability	p. 331
Conclusion	p. 337
General conclusions: a law of interdiction?	p. 339
Select bibliography	p. 345
Index	p. 362
Table of Contents provided by Ingram. All Rights Reserved.

Please wait while the item is added to your bag...

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Shipping Interdiction and the Law of the Sea

Summary

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Shipping Interdiction and the Law of the Sea

Summary

Table of Contents

Supplemental Materials

Digital License