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Vol 22 No 11 Nov/Dec 2017

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Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

ISBN13: 9789004329287
Published: October 2016
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £107.00

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In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.

Public International Law
List of Abbreviations
Table of Treaties and Other International Legal Instruments
Table of International Cases
Table of National Cases
Chapter 1 Introduction
I Introduction
II Terrorism as a Maritime Security Threat
III Judicial Institutions and International Legal Order: Limitations and Prospects in a Theoretical Context
IV Role of Judicial Institutions
A International Judicial Institutions
1. Available International Judicial Avenues
2. Limitations of International Judicial Institutions
B National Courts
1. Prosecution of Perpetrators
2. Transnational and Vertical Disputes
3. Horizontal or Interstate Disputes
V Operationalisation of Judicial Institutions
VI Scope of the Book
Chapter 2 The International Law of Maritime Terrorism
I Introduction
II Legal Definition of Maritime Terrorism
III Evolution of International Law Concerning Maritime Terrorism
A Application of the International Law of Piracy in the Case of Maritime Terrorism
B Development of the International Law of Maritime Terrorism
C Applicability of the International Law of Terrorism
IV Concluding Remarks
Chapter 3 Prosecution of Maritime Terrorists
I Introduction
II Jurisdictional Entitlement and Responsibility
A National Courts of the Flag State
B National Courts of the Coastal State
C National Courts of the State of Alleged Criminal
D National Courts of the State of the Victim
E National Courts of the State that is the Object of Compulsion
F Other Treaty-Based Jurisdiction
III Role of National Courts in the Prosecution of Offenders and Ensuring International Law Safeguards in the Arrest, Detention and Prosecution Process: Two Case Studies
A A Case Study of the Achille Lauro Incident
B A Case Study of the USS Cole Incident
IV Prosecution of Offenders and Probable Interstate Disputes
V Concluding Remarks
Chapter 4 Legal Issues That May Create Disputes Involving International Law
I Introduction
II Maritime Terrorism as a Threat to Navigational Rights within National Jurisdiction and the Coastal State’s Responsibility
III Interference with Freedom of Navigation for Combating Maritime Terrorism
IV Flag State Responsibility for Maritime Terrorism Using a Vessel
V State Responsibility for Aiding Maritime Terrorists
VI Concluding Remarks 97
Chapter 5 Settlement of Vertical, Transnational and Horizontal Disputes Arising from Maritime Terrorism
I Introduction
II Maritime Terrorism-Related Disputes and National Courts
A National Courts and Unjustified Interference with Navigation
B Vindicating the Right of the Victims through the National Court
III Maritime Terrorism-Related Disputes and International Courts
IV Concluding Remarks
Chapter 6 Concluding Observations
I Introduction
II The Role of Judicial Institutions
A Prosecution of Maritime Terrorists
B Settlement of Transnational, Horizontal and Vertical Disputes
III Concluding Remarks