Download or read book The Duty of the Shipmaster to Render Assistance at Sea under International Law written by Felicity G. Attard and published by BRILL. This book was released on 2020-08-25 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.
Download or read book The International Law of the Shipmaster written by John A. C. Cartner and published by Routledge. This book was released on 2013-03-01 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
Download or read book Responses to Sea Migration and the Rule of Law written by Katia Bianchini and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.
Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2021-09-09 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Download or read book Autonomous Vessels in Maritime Affairs written by Tafsir Matin Johansson and published by Springer Nature. This book was released on 2023-03-04 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Operational Law in International Straits and Current Maritime Security Challenges written by Jörg Schildknecht and published by Springer. This book was released on 2018-05-26 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.
Download or read book Research Handbook on Ocean Governance Law written by Simone Borg and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field.
Download or read book Asian Yearbook of International Law Volume 25 2019 written by Seokwoo Lee and published by BRILL. This book was released on 2021-12-28 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2019 edition is the Yearbook's 25th volume. To commemorate this achievement, this volume has two reflective articles: the first article presents the history of DILA and its flagship publication, this Yearbook; and the second article provides an overview of the Yearbook's State Practice section beginning with volume 1 to volume 24.
Download or read book Trends and Challenges in International Law written by Maurizio Arcari and published by Springer Nature. This book was released on 2022-04-22 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions.Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea.
Download or read book Ascending to Space written by Maria A. Pozza and published by Springer Nature. This book was released on with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Places of Refuge for Ships written by Aldo E. Chircop and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
Download or read book The International Law of Migrant Smuggling written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2014-07-21 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.
Download or read book International Law of the Shipmaster written by John A. C. Cartner and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This unique text provides a comprehensive review of the laws and regulations governing the modern shipmaster, all in one complete volume. The only source which surveys the law in all IMO member states, this book provides an expert comparison of the law of agency for shipmasters and crews across multiple jurisdictions, encompassing liabilities and penalties from around the globe. It uniquely conceives of civil command in nine mutually exclusive, exhaustive, interactive, synthetic legal duties within eponymous chapters underlain by the paramount duties to safety, security, containment and readiness of the vessel within emerging technology. The book opens with a brief history and survey of the law of the shipmaster, both internationally and on a domestic level. The author then expertly addresses vital issues including certification, nationality, and taxation requirements; a comparison of regimes of law of agency for shipmasters and crews across jurisdictions; and an examination of shipmaster duties, liabilities, and penalties in all IMO member states. The insights it provides constitute an invaluable aid to decision making for the modern master and anyone association with this pivotal profession. It proposes a doctrine of command-worthiness for vessels designed for command and for civil commanders trained for them. New to this edition are brand new chapters on : criminalization. Third parties at sea : pirates, refugees, and stowaways. Shipyards and other vendors. Fishing and offshore. Insurance. Maritime security, foreign navies, coastguards and customs Port agents It offers cost-effective alternatives to wholly-automated vessels, such as using the National Aeronautics and Space Administration (U.S.A.) model of precise mission preplanning and control with the mission plan, and a digital twin of every vessel for the use of the civil commander, management, shipyards and trainers. This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law worldwide"--
Download or read book International Organizations and the Law of the Sea 1997 written by Barbara Kwiatkowska and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 13th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, Panama Canal, ECOSOC, UNEP and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1997 are reproduced, while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1992 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement - on 28 July 1996, and progress in the implementation of Chapter 17 of Agenda 21, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman and Shabtai Rosenne.
Download or read book Cartner on the International Law of the Shipmaster written by John A. C. Cartner and published by Taylor & Francis. This book was released on 2022-07-07 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume. Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA's National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-worthy and that management should reorder its relationships with shipmasters as tactical managers afloat. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession. This book is a necessary reference and guide for shipmasters, technologists, naval architects, regulators, underwriters, students, practitioners and courts of maritime law and command worldwide.
Download or read book Migrant Smuggling by Sea written by Patricia Mallia and published by BRILL. This book was released on 2009-10-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
Download or read book International Maritime Security Law written by James Kraska and published by Martinus Nijhoff Publishers. This book was released on 2013-04-15 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.
