The principal aim of this book is to address the international legal
questions arising from the 'right of visit on the high seas' in the
twenty-first century. This right is considered the most significant
exception to the fundamental principle of the freedom of the high seas
(the freedom, in peacetime, to remain free of interference by ships of
another flag). It is this freedom that has been challenged by a recent
significant increase in interceptions to counter the threats of
international terrorism and WMD proliferation, or to suppress
transnational organised crime at sea, particularly the trafficking of
narcotics and smuggling of migrants. The author questions whether the
principle of non-interference has been so significantly curtailed as
to have lost its relevance in the contemporary legal order of the
oceans. The book begins with an historical and theoretical examination
of the framework underlying interception. This historical survey
informs the remainder of the work, which then looks at the legal
framework of the right of visit, contemporary challenges to the
traditional right, interference on the high seas for the maintenance
of international peace and security, interferences to maintain the
'bon usage' of the oceans (navigation and fishing), piracy j'ure
gentium'and current counter-piracy operations off the coast of
Somalia, the problems posed by illegal, unregulated and unreported
fishing, interdiction operations to counter drug and people
trafficking, and recent interception operations in the Mediterranean
Sea organised by FRONTEX.
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Contemporary Challenges to the Legal Order of the Oceans
Produktdetaljer
ISBN
9781782250852
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter