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Shipping interdiction and the law of the sea
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ISBN: 1107193516 1282303082 9786612303081 0511595832 0511596634 0511593171 0511596235 0511592248 0511595107 9780511596230 9780521760195 0521760194 9780511596636 9781107639072 1107639077 Year: 2009 Publisher: Cambridge New York Cambridge University Press

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Abstract

In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

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