Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea
Dr Yang's book deals with the port and coastal State's jurisdiction over foreign merchant ships as well as with the rights and duties of these ships in the internal waters and in the territorial sea. The international law is rather different in both situa
- PDF / 18,307,404 Bytes
- 294 Pages / 439.37 x 666.142 pts Page_size
- 17 Downloads / 243 Views
Hamburg Studies on Maritime Affairs Volume 4
Edited by Jçrgen Basedow Peter Ehlers Hartmut Graûl Hans-Joachim Koch Rainer Lagoni Gerhard Lammel Ulrich Magnus Peter Mankowski Marian Paschke Jçrgen Sçndermann Richard Tol Rçdiger Wolfrum
Haijiang Yang
Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea
12
Haijiang Yang c/o IMPRS for Maritime Affairs Max-Planck-Institute for Foreign Private Law and Private International Law Mittelweg 187 20148 Hamburg Germany [email protected]
ISSN 1614-2462 ISBN-10 3-540-33191-3 Springer Berlin Heidelberg New York ISBN-13 978-3-540-33191-9 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springeronline.com ° Springer Berlin ´ Heidelberg 2006 Printed in Germany The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Softcover-Design: Erich Kirchner, Heidelberg SPIN 11731382
64/3153-5 4 3 2 1 0 ± Printed on acid-free paper
Foreword
Dr Yang's book deals with the port and coastal State's jurisdiction over foreign merchant ships as well as with the rights and duties of these ships in the internal waters and in the territorial sea. The international law is rather different in both situations. Despite the fact that it faces a number of issues such as, for example, a contested right of access to ports or conditions for port access requirements, the law of foreign merchant ships in internal waters has never been codified. On the other hand, already the League of Nations considered the law of the territorial sea as appropriate for codification in the 1930s. And the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958 was indeed a codification of most rules of international law on the territorial sea known at that time. The remaining issue of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea: art. 3 of the UN Convention on the Law of the Sea of 1982 set it at a limit not exceeding 12 nautical miles. In addition, the right of innocent passage of foreign ships through the territorial sea is regulated in the 1982 Convention in greater detail than ever before, whilst the new regime on the prevention of marine pollutio
Data Loading...
