Best 18 wheeler accident lawyer, offshore accident attorney, construction truck accident lawyer, best motorcycle attorney, spectrum business fiber, flagstar wholesale, meso law firm, mesothelioma compensation for family members, automotive accident lawyers

Terrorist Threat on the High Seas Analysis of Some Aspects of the Right of Visit and Self-defence


Eric Corthay
2017  •  DOI: 10.17304/ijil.vol14.2.694

Abstract

Vessels of all sizes can be used in a number of ways by terrorists, they can utilize a vessel as a means, a weapon, a bomb, or as a disruption tool. When a terrorist attack happens, it is already too late, hence the critical importance for the International community to take timely, accurate and efficientex ante factosteps.Counter-terrorism measures implemented on the high seas to prevent maritime terrorist attacks from occurring are possible but limited by the International law and notably the law of the sea. To some extent, the law of the sea limits counter-terrorism efforts. On the high seas, enforcement measures against terrorists or terrorist-related activities on board foreign vessels are restricted by the principle of exclusivity of flag State jurisdiction (a). Nevertheless, the application of the principle can be derogated from by the right of visit which provides for, under certain conditions, some leeway to States in their fight against maritime terrorism (b). it is difficult to justify interdiction operations carried out in order to counter terrorist threats on the high seas by the right of self-defence. The first reason relates to the differences in rationale and legal regime between the force deployed during interdiction operations and the one used in self-defence (a); the second reason concerns the existence or not of a right of anticipatory self-defence (b).

Save PDF Cite


Related Journal

DAMPAK PERKAWINAN CAMPURAN TERHADAP PEMELIHARAAN ANAK

WOMEN'S RIGHTS PROTECTION IN CULTURAL AND ENVIRONMENTAL SECTOR

LEGAL ISSUES ON THE ATTACKS AGAINTS VESSELS IN THE STRAITS OF MALACCA


More

Search Research and Publications

CARI TULISAN is a scientific publication indexing site that helps everyone find research results and relevant data from papers, journals, books, research reports, and so on. Collected from various repositories, it makes scattered scientific research easily searchable.
All articles and content on this site are copyrighted works of the relevant authors that have been published as a result of scientific research. CARI TULISAN never distributes and supports pirated content.