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Record Nr. |
UNINA9910825327903321 |
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Titolo |
Jurisdiction over ships : post-UNCLOS developments in the law of the sea / / edited by Henrik Ringbom |
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Pubbl/distr/stampa |
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Leiden ; ; Boston : , : Brill Nijhoff, , [2015] |
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ISBN |
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Descrizione fisica |
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1 online resource (466 p.) |
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Collana |
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Publications on ocean development ; ; v. 80 |
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Altri autori (Persone) |
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Disciplina |
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Soggetti |
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Jurisdiction over ships at sea |
Ships - Nationality |
Law of the sea |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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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 |
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-- 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. |
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Sommario/riassunto |
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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. |
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