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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Shipping Interdiction and the Law of the Sea

ISBN13: 9780521760195
Published: August 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £81.00
Paperback edition , ISBN13 9781107639072

Despatched in 7 to 9 days.

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.
  • Comprehensive overview of interdiction across all relevant areas of international law (excluding the laws of war and UN operations) allows the law of interdiction to be understood in a comparative context
  • Examines how an interdiction must be conducted, and what consequences follow if they are broken, thus placing the law in a practical context
  • Based on a wide-ranging and thorough survey of what States do in practice, making this of enormous use to researchers and practitioners in this area

Public International Law
Part I. General Principles: 1. Introduction: policing the oceans; 2. Basic principles of maritime jurisdiction
Part II. Interdiction and Maritime Policing: 3. General introduction to Part II; 4. Piracy and the slave trade; 5. Drug trafficking; 6. Fisheries management; 7. Unauthorized broadcasting on the high seas; 8. Transnational crime: migrant smuggling and human trafficking; 9. Maritime counter-proliferation of weapons of mass destruction
Part III. The General Law of Interdiction: 10. Interdiction: modalities and international law standards; 11. National jurisdiction and immunities during interdictions; 12. International responsibility and settlement of claims; 13. General conclusions: a law of interdiction?