Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Henrik Ringbom, PhD (2007), University of Oslo, is Professor II at the Scandinavian Institute of Maritime Law in Oslo, Norway and Adjunct Professor at Åbo Akademi University in Turku/Åbo, Finland. He has published widely on maritime law and the law of the sea, including The EU Maritime Safety Policy and International Law (Brill 2008).
Table of Contents
List of Abbreviations
1 Henrik Ringbom Introduction
PART I FLAG STATES
2 Robin Geiss,
Christian J. Tams Non-Flag States as Guardians of the Maritme Order: Creeping Jurisdiction of a Different Kind?
3 Henning Jessen United States’ Bilateral Shipboarding Agreements – Upholding Law of the Sea Principles While Updating State Practice
4 Ted L. McDorman Sovereign Immune Vessels: Immunities, Responsibilities and Exemptions
PART II PORT STATES
5 Bevan Marten Port State Jurisdiction, International Conventions, and Extraterritoriality: An Expansive Interpretation
6 Aldo Chircop Assistance at Sea and Places of Refuge for Ships:
Reconciling Competing Norms
PART III COASTAL STATES
7 James Kraska Excessive Coastal State Jurisdiction:
Shipboard Armed Security Personnel
8 Erik Franckx The “New” Arctic Passages and the “Old” Law of the Sea
9 James Harrison Safeguards against Excessive Enforcement Measures in the Exclusive Economic Zone – Law and Practice
10 Erik J. Molenaar New Maritime Zones in the Law of the Sea
11 Robin Churchill Under-Utilized Coastal State Jurisdiction: Causes and Consequences
PART IV SEAFARERS AND HUMAN RIGHTS
12 Irini Papanicolopulu Seafarers as an Agent of Change of the Jurisdictional Balance
13 Urfan Khaliq Jurisdiction, Ships and Human Rights Treaties
PART V INSTITUTIONS
14 Erik Røsæg The Role of the International Maritime Organization in Defining and Altering the Jurisdiction of Flag, Coastal, and Port States
15 Tullio Scovazzi ITLOS and Jurisdiction over Ships
16 Rosa Greaves The Impact of EU Secondary Legislation on Issues Concerning Ships: a Case Study of National Proceedings in Respect of Waste Liability and Insolvency
17 Alexander Proelss The European Court of Justice and its Role in (Re-)Defining EU Member Statesʼ Jurisdiction over Ships
All in the interested in the international regulation of shipping and the development of the law of the sea.