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Human Rights and Law Enforcement at Sea
Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.
Human Rights and the Dark Side of Globalisation
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
Prosecuting Maritime Piracy
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Unconventional Lawmaking in the Law of the Sea
Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea.
Autonomous Vessels in Maritime Affairs
This book examines law and governance implications in relation to maritime autonomous surface ships (MASS). Adopting a multi-disciplinary approach, it focuses on a wide array of timely, topical and thorny issues, including naval warfare and security, seaworthiness and techno-regulatory assessments, global environmental change, autonomous passenger transportation, as well as liability and insurance. It also considers selected national and regional developments. The book provides an insight into the role of innovation-diplomacy as the driving force that could expedite the transition from automation to autonomy. After navigating through the complex law and governance landscape, it concludes by assessing critical findings for further consideration. The book will appeal to scholars and students of maritime technology, law and governance. Chapter 11 and Chapter 18 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Piracy at Sea
Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.
The United Nations Convention on the Law of the Sea
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the applicat...
Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 24 (2020)
The ITLOS Yearbook 2020 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2020, in particular concerning Case No. 28. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2020 fournit des informations essentielles concernant la composition, la compétence, la procédure et l’organisation du Tribunal. Il donne également un aperçu des activités judiciaires du Tribunal au cours de l’année 2020, en particulier en ce qui concerne l’affaire no. 28. L’Annuaire est rédigé par le Greffe du Tribunal.
Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 29 (2019)
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The M/T “San Padre Pio” Case (Switzerland v. Nigeria), Provisional Measures. The documents are reproduced in their original language. The Tribunal delivered its Order on 6 July 2019. It is published in the ITLOS Reports 2018-2019. Le présent volume reproduit les mémoires, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant l’Affaire du navire « San Padre Pio » (Suisse c. Nigéria), mesures conservatoires. Les documents sont publiés dans la langue originale. Le Tribunal a rendu son ordonnance le 6 juillet 2019. L’arrêt est publié dans le TIDM Recueil 2018-2019.
Maritime Security Law in Hybrid Warfare
‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.
