Coastal state jurisdiction over ships in need of assistance, maritime casualties and shipwrecks
著者
書誌事項
Coastal state jurisdiction over ships in need of assistance, maritime casualties and shipwrecks
（Publications on ocean development / general editor, Shigeru Oda, v. 97）
Brill Nijhoff, c2022
- : hardback
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注記
Includes bibliographical references (p. [315]-354) and index
内容説明・目次
内容説明
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov offers a comprehensive analysis of the rights and obligations of coastal States over ships in need of assistance, maritime casualties and shipwrecks under international customary law, treaty law and other international instruments. Important regime interactions are discussed in depth, most extensively the interaction between the 1982 United Nations Convention on the Law of the Sea and regulations adopted at the International Maritime Organization, but also between conventional and customary law, public and private law. In contrast to the existing literature that mostly focuses on separate issues such as intervention, places of refuge, salvage and wreck removal, this book takes a systemic approach to consider from the coastal State's perspective jurisdictional problems at each stage of a maritime occurrence, deteriorating into a maritime casualty and ultimately into a wreck. Particular attention is given to legal differences associated with maritime zones and the physical state of a ship. Adding a temporal scale to the analysis, the book provides an insight into the legal developments since the Torrey Canyon (1967) disaster and offers some reflections on the directions in which the tide is flowing, not least in light of the recent European Union's proposal for amendments of the IMO Guidelines on Places of Refuge.
目次
Abbreviations and Acronyms
Table of Treaties and Other Instruments
Table of Cases
Part 1
Introduction
1 Introduction
1.1 Topic
1.2 Objective and Scope
1.3 Terminology
1.4 Outline
Part 2
Setting the Scene
2 Risks Posed and Interests Affected by Ships in Need of Assistance, Maritime Casualties and Shipwrecks
2.1 Introduction
2.2 Risks Posed by Ships in Need of Assistance, Maritime Casualties and Shipwrecks
2.3 Interests of the Coastal State and Conceivable Measures of Protection
2.4 Interests of Actors Other than the Coastal State
2.5 Conclusions
3 Coastal State Jurisdiction under General International Law and the LOSC
3.1 Introduction
3.2 Basic Features of State Jurisdiction under General International Law
3.3 The LOSC Jurisdictional Framework
3.4 The Relationship of the LOSC to Other International Agreements
3.5 The LOSC and Customary International Law
3.6 Conclusions
4 The IMO as a 'Competent International Organization' in Developing the LOSC
4.1 Introduction
4.2 Establishment and Mandate of the IMO
4.3 IMO Membership, Organs and the Consensus-Based Approach in Decision-Making
4.4 Conclusions
Part 3
Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks
5 The Plea of Necessity and Key IMO Instruments: Preliminary Observations
5.1 Introduction
5.2 The Plea of Necessity
5.3 Intervention Convention
5.4 Salvage Convention
5.5 IMO Guidelines on Places of Refuge
5.6 WRC
5.7 Conclusions
6 Coastal State Jurisdiction over Ships in Need of Assistance and Maritime Casualties in Maritime Zones beyond Marine Areas under Territorial Sovereignty
6.1 Introduction
6.2 Intervention Convention
6.3 General International Law and the LOSC
6.4 Salvage Convention
6.5 IMO Guidelines on Places of Refuge
6.6 WRC
6.7 Conclusions
7 Coastal State Jurisdiction over Ships in Need of Assistance and Maritime Casualties in Marine Areas under Territorial Sovereignty
7.1 Introduction
7.2 General International Law and the LOSC
7.3 Salvage Convention
7.4 IMO Guidelines on Places of Refuge
7.5 The Relevance and Significance of the IMO Liability and Compensation Conventions
7.6 WRC
7.7 Which Way Is the Tide Flowing?
7.8 Conclusions
8 Coastal State Jurisdiction over Shipwrecks
8.1 Introduction
8.2 General International Law and the LOSC
8.3 WRC
8.4 Relationship of the WRC to the LOSC and the Potential Third States-Effect
8.5 Conclusions
Part 4
Conclusions
9 Conclusions
9.1 Opening Remarks
9.2 What Are the Rights and Obligations of Coastal States over Ships in Need of Assistance, Maritime Casualties and Shipwrecks under International Law and How Have These Evolved Since the Torrey Canyon Disaster?
9.3 General Observations: Impact of Post- LOSC Developments on General International Law and on the Jurisdictional Balance between Coastal and Navigational Interests
9.4 Closing Remarks and Identified Shortcomings
Bibliography
Index
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