Shipping Interdiction and the Law of the Sea by Douglas Guilfoyle

By Douglas Guilfoyle

During this comparative examine of delivery interdiction, Douglas Guilfoyle considers the kingdom motion of preventing, looking out and arresting overseas flag vessels and group at the excessive seas in situations similar to piracy, slavery, drug smuggling, fisheries administration, migrant smuggling, the proliferation of guns of mass destruction and maritime terrorism. Interdiction increases very important questions of jurisdiction, together with: how permission to board a international vessel is got; even if boarding country or flag nation legislation applies in the course of the interdiction (or even if either apply); and which nation has jurisdiction to prosecute any crimes came upon. ideas at the use of strength and security of human rights, reimbursement for wrongful interdiction and the prestige of boarding nation officials below flag nation legislation also are tested. A unified and useful view is taken of the legislation appropriate throughout latest interdiction regimes in accordance with an intensive survey of nation perform.

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153 Kate, (1921) 6 RIAA 77. 334 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, [2004] ICJ Rep. 136. 268 Libya/Malta Continental Shelf Case, [1985] ICJ Rep. p. 13 100 López v. Uruguay (UN Human Rights Committee, 1981) 68 ILR 29. 268 Lotus Case, [1927] PCIJ Ser. A No. 10, 4. 7, 8–9, 16, 18, 40–1, 101, 276, 282, 304 Loizidou v. Turkey, Preliminary Objections, 310 Eur Ct HR (Ser. A) (1995). 271 Manouba, (1913) 11 RIAA 463. 324, 330 Medvedyev v.

1718 (14 October 2006), paras. 8(a) and (b); SC Res. 1737 (27 December 2006), paras. 3, 4 and 7; SC Res. 1803 (3 March 2008), para. 8. See also SC Res. 1747 (24 March 2007), para 5; and SC Res. 1540 (28 April 2004), para. 2. 3 M. Byers, ‘Policing the high seas: the Proliferation Security Initiative’ (2004) 98 AJIL 526. 4 Jared Diamond, Collapse: How Societies Choose to Fail or Succeed (London: Penguin, 2006), p. 479. 5 Individuals have also taken to the seas to circumvent state regulation, for example, the ‘pirate radio’ stations of 1960s Europe .

324, 325–6 Marjorie E. Bachman, [1925] 4 Fed. (2nd) 405. 14, 80 New York, [1818] 3 Wheat. 59. 202 Perez v. The Bahamas, (District Court of Columbia, 1980) 63 ILR 350. 302, 331 Sale v. Haitian Centres Council, 509 US Reports 155 (1992). 189, 190, 225 Saudi Arabia v. Nelson, (Supreme Court, 1993) 100 ILR 545. 302 Schooner Exchange v. McFaddon, 11 US (7 Cranch) 116 (1813). 284, 286, 288, 296, 305–8, 320–1 Slaughter-House Cases, 83 US 36 (1872). 230 US v. 3d 1131 (2005). 101–2 US v. Supp. 525 (1987).

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