Legal Status of Government Merchant Ships in International Law
Springer Netherlands, 1962 M01 1 - 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.
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JURISDICTION OVER FOREIGN MERCHANT SHIPS
ILLUSTRATIONS FROM CASE LAW AND STATE PRACTICE
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absolute immunity accorded action activities acts jure administrative appear apply arising arrest Article assimilated assume attachment authorities belonging Brussels Convention cargoes carrying Chapter civil claim coastal collision committed competent concerning connection Convention of 1958 countries Court crimes criminal customs decided decision Department distinction doctrine effect employed enforcement engaged England English enjoy entered entitled execution exercise fact flag force foreign government foreign merchant ships foreign ships French government merchant ships government ships granted high seas ibid immunity immunity of government interest internal waters International Law Italy jurisdiction Justice liable Lord maritime matters measures ment Netherlands non-commercial non-military op.cit operated persons port possession practice principle private merchant proceedings question reason recognized referred regard regulations relating respect rules says signed sovereign Soviet status territorial sea territorial waters trading Treaty United vessel warships
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