Legal Status of Government Merchant Ships in International LawSpringer, 2012 M12 6 - 172 pages This book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state. |
Contents
JURISDICTION OVER FOREIGN MERCHANT SHIPS | 49 |
Contiguous Zone | 70 |
ILLUSTRATIONS FROM CASE LAW AND STATE PRACTICE | 81 |
Administrative Jurisdiction | 114 |
86 | 120 |
High seas | 128 |
Administrative Jurisdiction | 140 |
CONCLUSIONS | 150 |
Selected Bibliography | 164 |
170 | |
Other editions - View all
Legal Status of Government Merchant Ships in International Law Thamarappallil Kochu Thommen No preview available - 2012 |
Common terms and phrases
absolute immunity acts jure gestionis acts jure imperii Admiralty apply arrest Article 19 Article 20 assimilated assume jurisdiction authorities board a foreign Brussels Convention Bulgaria cargoes Chapter civil jurisdiction coastal collision committed on board Convention of 1958 Court of Appeal criminal jurisdiction decision distinction doctrine of absolute English courts exercise jurisdiction flag foreign merchant ships foreign ships foreign warships Geneva Conference government merchant ships government ships high seas ibid immunity of foreign immunity of government innocent passage internal waters International Law italics supplied jurisdictional immunities Lauterpacht Laws and Regulations liable maritime claims Netherlands non-military ships op.cit Parlement Belge persons on board Pesaro plaintiff port principle private merchant ships private ships proceedings public ship ratified recognized regard respect rule of international Schooner Exchange second Geneva Conventions ship belonging Sovereign Immunity Soviet Union state-owned status of government Supreme Court territorial sea territorial waters U.N. pub United