留学生国际法作业 [3]
论文作者:英语论文论文属性:短文 essay登出时间:2014-09-16编辑:zcm84984点击率:16345
论文字数:5866论文编号:org201409161258498904语种:英语 English地区:美国价格:免费论文
关键词:管辖权国际公海Law EssayInternational LawFlag State Jurisdiction缔约国
摘要:这是一篇关于国际公海上的船旗国管辖权的 Law Essay,这篇文章将重点关注国际上关于紧迫追击的公认的权利,以及追击驶入沿海国家的船只的权利和义务,(追击飞机不会包含在这里)。在这样约定的条件下使得公约有更广泛的意义,因为不再仅仅只是那些通过了公约的缔约国要受到这里所说的紧迫追击的权利的约束。
ey will, as a general rule, be subject to that state’s exclusive jurisdiction on the high seas. Each state sets up its conditions for the grant of its nationality to ships, for registration of ships and for the right to fly its flag. This was declared by the International Tribunal for the Law of the Sea in the M/V Saiga (No.2) case, where one concluded that the determination of the criteria and procedures for granting and withdrawing nationality to ships are parts of the flag state’s exclusive jurisdiction. [10]
The nationality of the ship depends accordingly upon the flag the ship flies, but there must be a genuine link between the state and the ship. [11] The requirement of a genuine link was intended to counter the use of flags of convenience (often operated by states such as Liberia and Panama) where states grant their nationality to ships looking for favorable
taxation and work- and social agreements. [12] However, if a ship sails under the flags of more than one state according to convenience, the ship does not have any nationality in a juridical point of view and may therefore be boarded and seized on the high seas by any state. This is to be compared with ships that do have a flag, which (as a general rule) only can be boarded and seized by its own flag state on the high seas. [13]
Worth mentioning is that there are also some duties and responsibilities attached to the flag state jurisdiction, such as the obligation to legislate to make it an offence to break or injure submarine cables and pipelines under the high seas. Furthermore, the flag state also has to provide for compensation in case such an offence occurs and to adopt and enforce legislation dealing with assistance to ships in distress in compliance with international duties regarding safety at sea. [14]
When it comes to warships and ships owned or operated by a state where they are used only on governmental non-commercial service, the exclusivity of the flag state-principle is applicable without exception. As can be read in articles 95 and 96, UNCLOS, those ships have complete immunity from the jurisdiction of other states than its flag state. [15] Though, the principle of flag state jurisdiction on the high seas is not absolute. It is subject to some exceptions in which third states may share enforcement or legislative jurisdiction (or both) together with the flag state. In the following, the focus will be on the exception of hot pursuit, but some other exceptions worth mentioning are: piracy, unauthorized broadcasting, slave trade, drug trafficking and major pollution incidents. [16] The right of hot pursuit is however different from the other exceptions to the flag state principle, since the right of hot pursuit derives from jurisdiction under the “territorial” (+ EEZ and continental shelf?) principle whereas enforcement related to slave trade and piracy (for example) derives from jurisdiction based on the universality principle. [17]
3. Hot pursuit – an exception to flag state jurisdiction
3.1. Historical background and objective
When a foreign ship has infringed the rules of a costal state, the right of hot pursuit makes it possible for the state to pursue and seize the ship outside its territorial sea in order to ensure that the ship does not escape punishment by fleeing to the high seas. This principle limits the freedom of the high seas and represents an exception to the exc
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