Functional Jurisdiction in the Law of the Sea (Publications by Maria Gavouneli

By Maria Gavouneli

The legislations of the ocean conference has now reached 25 years of presence within the foreign scene as a structure for the oceans. It was once the fabricated from an extended and hard negotiation with a last fabricated from tender stability. the aim of this ebook is to ascertain no matter if the fundamental premises and crucial compromises of the conference nonetheless carry precise or even if the conference, as a residing device, has advanced into accommodating new wishes and demanding situations to its regulatory scheme. The automobile selected is the jurisdictional interaction among the States, as flag States, coastal States and port States, and the realm group at huge in issues in terms of navigation, fisheries, entry to the organic assets of the deep seabed or maybe maritime safeguard. the outcome confirms the cast foundations of the conference and its skill to adapt and extend with no frightening its crucial stability. A publication helpful to all these attracted to the legislation of the ocean and the constitution of foreign legislations.

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791-817; Joe Verhoeven, Quelques réflexions sur l’affaire relative au mandat d’arrêt du 11 avril 2000, RBDI 2002, pp. , pp. 537-545; Jean-Pierre Cot, Éloge de l’indécision. , pp. 546-553; Beatrice Bonafè, Imputazione all’individuo di crimini internazionali e immunità dell’organo, RDI 2004, pp. 393-426. 110 Thus in the Pinochet case: House of Lords, R. v. Bow Street Stipendiary Magistrate and others ex parte Pinochet Ugarte (Amnesty International and others intervening) (no. uk>; Michel Cosnard, Quelques observations sue les décisions de la Chambre des Lords du 25 novembre 1998 et du 24 mars 1999 dans l’affaire Pinochet, RGDIP 1999, pp.

58 The Nottebohm case, Liechtenstein v. Guatemala, ICJ Reports 1955, pp. 4-27, at p. 23. THE MANIFESTATIONS OF JURISDICTION 15 Human Rights 59 , the 1966 International Covenant on Civil and Political Rights60 , the 1989 Convention on the Rights of the Child 61 and the 1997 European Convention on Nationality 62 . ” 65 This absolute discretion has been qualified in practice, without never being negated in principle. Indeed, even in the Nottebohm case, where the International Court of Justice talked about a ‘genuine and close connection’ between the individual and the State, the question was rather the comparative value of the absence of any link with the nominal State of nationality (Liechtenstein) and the existence of such a real link with the State of resi- 59 Article 15 UDHR, adopted by UN General Assembly Resolution 217A (1948), UN Doc.

Nordquist & John N. ), Current marine environmental issues at the International Tribunal for the Law of the Sea (Martinus Nijhoff, The Hague 2001) pp. 371-383. 75 The literature on the subject is immense. For a taste see Emmanuel Roucounas, Facteurs privés et droit international public, 299 RCADI 2002, pp. 9-419, at pp. 205-207; G. X. Li & J. Wonham, New developments in ship registration, 14 TIJMCL 1999, pp. 137-154. 76 Defined by the OECD Maritime Transport Committee as: “A vessel that, through its physical condition, its operation or activities of its crew, fails to meet basic standards of seaworthiness and thereby poses a threat to life and/or the environment.

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