Law of the Sea-2 exceptions tot the exclusivity of flag-sate jurisdiction

law of sea part 2


exceptions tot the exclusivity of flag-sate jurisdiction

1. Exceptions to the exclusivity of flag-state jurisdiction

2. The basic principle is subject to the following exceptions 1.) Right to visit 2.) Piracy 3.) The slave trade 4.) Unauthorized broadcasting 5.) Hot pursuit 6.)Collisions 7.) Treaty Rights & Agreements 8.) Pollution 9.) Straddling stocks

3. 1.) Right to visit The warships have a right to ascertain the nationality of the ships. Therefore, they have a right to approach for identifying the vessels. Right to approach does not mean the right to board .

4. Right to board is only permissible

5. 2.) Piracy (a) Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or private aircraft and directed: On the high seas against another ship or aircraft; Against a ship, aircraft, persons or property in a place outside the jurisdiction of any state; (b) Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a pirate ship or aircraft….

6. The essence of the act of Piracy

7. 3.) The Slave Trade Every state shall take effective measures to prevent & punish the transport of slaves in ships authorized to fly its flag and to prevent the unlawful use of its flag for that purpose. Warships may board foreign merchant ships where they are reasonably suspected of engaging in the slave trade; Offenders must be handed over to the flag state for trial .

8. 4.) Unauthorized Broadcasting Under Art.109 of the 1982 Convention, all states are to cooperate in the suppression of unauthorized broadcasting from the high seas. Unauthorized broadcasting means transmission of sound or TV from a ship or installation on the high seas intended for reception by the general public, contrary to international regulations. But excluding the transmission of distressed calls.

9. Jurisdiction in such cases of Broadcasting

10. (5) Hot pursuit

11. The beginning & end of the chase

12. 6.) Collisions Ships involved in collisions, penal or disciplinary action may be take by the authorities of flag state or the state of which the particular person is a national. No arrest or detention of the ship for investigation purposes is permitted. Art.11 (1958 Convention) & Art.97 (1982 Convention) reaffirms this principle. Decision in the Lotus case overruled

13. 7.) Treaty Rights and agreements In many cases, states may by treaty permit each other’s warships to exercise certain powers of visit and search as regards vessels flying the flags of the signatories of the treaty.

14. Interdiction Agreements

15. 8.) Pollution Art.24 of the 1958 Convention on the High Seas called on states to draw up regulations to prevent the pollution of the seas by the discharge of oil or the dumping of radioactive wastes. There is also an interlocking series of additional agreements covering environmental protection of the seas, including the high seas.

16. 9.) Straddling Stocks

17. Conservation of these stocks

18. North Atlantic Fisheries Organization