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


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.

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Md Saiful Karim, Ph.D. (2013), Macquarie University, is a Senior Lecturer at the Queensland University of Technology (QUT). He has published extensively in the fields of public international law, the law of the sea, and environmental law.
"Overall, this is a very good professional book. The author states that “this book intends to contribute to this area of knowledge, research on dispute settlement under international law, by examining the role of judicial institutions in combating maritime terrorism” (p.2). It is obvious that the book has accomplished this purpose very well." - Ying Yang, Law School, Sun Yat-sen University, China, in: The Chinese Journal of International Law
"The maritime terrorism conventions are complicated, difficult to understand, and difficult to implement in national legislation. This slim book does a good job in explaining the conventions and in reviewing their implementation…. This book is a useful starting point and resource for those joining the fight against maritime terrorism." - J. Ashley Roach, Captain (retired), JAGC, USN
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
All interested in international criminal law, the law of the sea, international dispute settlement, the role of national and international courts in international legal order, maritime security, terrorism, and human rights.
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