Maritime Terrorism And The Role Of Judicial Institutions In The International Legal Order

In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism.

Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.

In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials – has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states’ self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD’s Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Compiled by the United Nations Office of Legal Affairs, this bibliography covers 20 subject categories based on the major topics of the United Nations Convention of the Law of the Sea. It is intended for the use of those interested in ocean affairs and the law of the sea matters in general and in the UN Convention on the Law in the Sea.

This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.

Several disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation of marine biodiversity. Most troubling is that these issues are overwhelmingly caused by human activities which are sometimes transboundary, and their consequences will become more severe and complicated if not properly curbed. Thus, these activities require comprehensive policies, laws, and principles to manage them effectively. Linked to these solutions is the need for responsibilities, cooperation and commitments at local, national, regional and international levels. Contemporary Marine Environmental Law and Policy presents a thorough appraisal of the main issues, actors and institutions engaged in the legal aspects of marine environmental conservation. With contributions from an international range of authors, the book provides a concise account of the legal and policy framework underlying international marine environmental issues, and of the fundamental concepts and strategies that are important to the protection of the marine environment. Some of the topics explored include: the prevention of marine pollution caused by land based activities, ships, and offshore hydrocarbon and mineral resources exploration; the conservation and management of marine living resources; the marine environment in the polar regions; and the settlement of marine environmental disputes. This book provides a solid foundation for anyone studying International Environmental Law and the Law of the Sea. It will also appeal to anyone seeking to gain a deeper understanding of this hugely important subject.