Legal Status of Government Merchant Ships in International LawSpringer 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. |
From inside the book
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Page 60
... maritime nations likewise assume jurisdiction in respect of maritime claims against foreign ships lying in their waters.4 A foreign ship lying within jurisdiction can be arrested by the local authorities to enforce a maritime claim ...
... maritime nations likewise assume jurisdiction in respect of maritime claims against foreign ships lying in their waters.4 A foreign ship lying within jurisdiction can be arrested by the local authorities to enforce a maritime claim ...
Page 62
... maritime claims enumerated above are wider than those recognized by certain states . It is , however , specifically provided that nothing in the Convention shall be construed as extending or re- stricting the powers of any state under ...
... maritime claims enumerated above are wider than those recognized by certain states . It is , however , specifically provided that nothing in the Convention shall be construed as extending or re- stricting the powers of any state under ...
Page 138
... maritime claim against her , 2 or , subject to certain restrictions , in respect of a maritime claim against another ship in the same ownership.3 Article 21 provides that the aforementioned rules applicable to private merchant ships are ...
... maritime claim against her , 2 or , subject to certain restrictions , in respect of a maritime claim against another ship in the same ownership.3 Article 21 provides that the aforementioned rules applicable to private merchant ships are ...
Contents
8 | 24 |
JURISDICTION OVER FOREIGN MERCHANT SHIPS | 49 |
Contiguous Zone | 70 |
Copyright | |
8 other sections not shown
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 Admiralty apply arrest Article 19 Article 20 assimilated assume jurisdiction authorities board a foreign board the ship Brussels Convention Bulgaria cargoes Chapter civil jurisdiction coastal collision committed on board Convention of 1958 Court of Appeal criminal jurisdiction decision distinction enforcement 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 Lauterpacht Laws and Regulations liable Lord maritime claims Netherlands non-commercial service non-military ships op.cit Parlement Belge persons on board Pesaro plaintiff port Porto Alexandre possession principle private merchant ships private ships proceedings public ship recognized regard respect rule of international second Geneva Convention ship belonging Sovereign Immunity Soviet Union state-owned status of government Supreme Court territorial sea territorial waters trading U.N. pub United warships