Week 5 - The Law of the Sea PDF

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Week 5 Lecture Notes on The Law of the Sea...

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Week 5 – The Law of the Sea Lecture: Jurisdictional Aspects of the High Sea PIRACY - The Reality of Modern Piracy -

Hot Spots: Indian Ocean, East Africa, South China Sea, South America In 5 years, ransom increased from $150,000 to $5.4 Million Total economic costs are equivalent to a small conflict Estimated Costs are between $7-12 Billion per year

Jurisdiction on the High Seas -

Stop and Search = Article 110 UNCLOS Part VII Article 90 = Flag State Jurisdiction Article 90(1) Article 94

Dealing with Pirates -

Definition = The Lotus Case Hostis humani generis A Crime of universal jurisdiction UNCLOS Article 101 Article 102 Article 105 Exceptions to Freedom of the seas = Stop, search, visit and seizure in times of peace

The Ship is: -

Engaged in piracy Engaged in the slave trade Engaged in unauthorized broad casting Without nationality Through flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship

The Right of Self Defence -

Security Zone Defence Zone UNCLOS Part VII contains no express right to self defence

The Right of Hot Pursuit -

UNCLOS Article 111(1) Article 111(2) Mutatis mutandis Article 111(3) Article 111(4) Article 111(5) Article 111(8)

Oil Pollution Casualties Jurisdiction over Oil Pollution Casualties -

Torrey Canyon Incident The Conclusion of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties

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Reasserting key principles of environmental protection ‘polluter pays’

Unauthorised Broadcasting -

Council of Europe concluded an agreement in 1965 Pirate radio stations commonplace in the 70s Article 109 to 110

Migrant Smuggling and Human Trafficking -

The Migrant Smuggling Protocol = Article 3, Article 6 Article 8(2) Article 8(5) = Flag state Jurisdiction Protocol to Prevent, Suppress and Punish Trafficking in Persons

Suppression of Terrorism -

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Achille Lauro Affair...