The Duty of the Shipmaster to Render Assistance at Sea under International Law

The Duty of the Shipmaster to Render Assistance at Sea under International Law PDF

Author: Felicity G. Attard

Publisher: BRILL

Published: 2020-08-25

Total Pages: 374

ISBN-13: 9004438254

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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.

The International Law of the Shipmaster

The International Law of the Shipmaster PDF

Author: John A. C. Cartner

Publisher: Routledge

Published: 2013-03-01

Total Pages: 874

ISBN-13: 113665397X

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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)

The Refugee in International Law

The Refugee in International Law PDF

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

Published: 2021-09-09

Total Pages: 865

ISBN-13: 0192536508

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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.

Autonomous Vessels in Maritime Affairs

Autonomous Vessels in Maritime Affairs PDF

Author: Tafsir Matin Johansson

Publisher: Springer Nature

Published: 2023-03-04

Total Pages: 425

ISBN-13: 303124740X

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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.

Operational Law in International Straits and Current Maritime Security Challenges

Operational Law in International Straits and Current Maritime Security Challenges PDF

Author: Jörg Schildknecht

Publisher: Springer

Published: 2018-05-26

Total Pages: 289

ISBN-13: 3319727184

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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.

Research Handbook on Ocean Governance Law

Research Handbook on Ocean Governance Law PDF

Author: Simone Borg

Publisher: Edward Elgar Publishing

Published: 2023-01-17

Total Pages: 487

ISBN-13: 1839107693

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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.

Asian Yearbook of International Law, Volume 25 (2019)

Asian Yearbook of International Law, Volume 25 (2019) PDF

Author: Seokwoo Lee

Publisher: BRILL

Published: 2021-12-28

Total Pages: 387

ISBN-13: 900450124X

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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.

Trends and Challenges in International Law

Trends and Challenges in International Law PDF

Author: Maurizio Arcari

Publisher: Springer Nature

Published: 2022-04-22

Total Pages: 327

ISBN-13: 3030943879

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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.

The International Law of Migrant Smuggling

The International Law of Migrant Smuggling PDF

Author: Anne T. Gallagher

Publisher: Cambridge University Press

Published: 2014-07-21

Total Pages: 841

ISBN-13: 1107015928

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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.