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Prosecuting Maritime Piracy

Author : Michael P. Scharf
Publisher : Cambridge University Press
Page : 385 pages
File Size : 16,30 MB
Release : 2015-06-09
Category : Law
ISBN : 110708122X

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This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.

Navigational Servitudes

Author : Ralph J. Gillis
Publisher : Martinus Nijhoff Publishers
Page : 429 pages
File Size : 21,10 MB
Release : 2007
Category : Law
ISBN : 9004161554

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This work presents a new perspective on the role of States as reciprocal trustees for the Oceans Public Trust. The concept of the oceans and navigable waters as held in public trust is examined from its origins in the 17th century North Sea fisheries controversy with particular regard to the arguments by Selden and Grotius pertaining to State jurisdiction over oceans and marginal sea areas. Those arguments manifest an underlying common principle of navigational freedom reflected in the parallel public trust development of public rights to fishing and navigation as protected and preserved within the Royal Prerogative "jus publicum," The significance for the modern context is that the 1958 Geneva Conventions on the Law of the Sea, the 1982 United Nations Convention on the Law of the Sea and a myriad of other conventions now evidence an unstated but patent public trust in the communal responsibility of States within both the conventional and customary regime of the high seas, as well as in regimes for territorial seas and marginal sea areas as shared with extended coastal State jurisdictions. This book is intended to serve as a reference work for this somewhat arcane source of the Oceans Public Trust, and should prove a useful research source for those who study law of the sea.

Ethics and Authority in International Law

Author : Alfred P. Rubin
Publisher : Cambridge University Press
Page : 260 pages
File Size : 36,43 MB
Release : 1997-07-13
Category : Law
ISBN : 9780521582025

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The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.

The Papers of Henry Clay

Author : Henry Clay
Publisher : University Press of Kentucky
Page : 952 pages
File Size : 15,48 MB
Release : 2015-02-05
Category : Literary Collections
ISBN : 0813162459

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Henry Clay's career spanned a half century of a great formative period in American history. This compilation of ten volumes includes Clay's letters, letters to Clay, his speeches, and other documents identified as his personal composition.

Global Private International Law

Author : Horatia Muir Watt,
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 42,59 MB
Release :
Category :
ISBN : 1788119231

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Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.

The Law and Practice of Piracy at Sea

Author : Panos Koutrakos
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 22,30 MB
Release : 2014-12-01
Category : Law
ISBN : 178225269X

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This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The Federal Cases

Author :
Publisher :
Page : 2828 pages
File Size : 41,43 MB
Release : 1896
Category : Law reports, digests, etc
ISBN :

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Terrorism

Author :
Publisher :
Page : 615 pages
File Size : 31,2 MB
Release : 1979
Category : Terrorism
ISBN : 0199915911

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