Cantitate/Preț
Produs
Total produse
Vezi coșul
Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation de Alla Pozdnakova

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation

Autor Alla Pozdnakova
en Limba Engleză Hardback – 2 sep 2012
Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of ship-source pollution. Criminal sanctions for discharge violations committed by sea-going vessels represent an issue of critical concern in the field of International Law, given the many devastating pollution cases which have occurred at sea, and the multitude of complications inherent in the criminal prosecution of the perpetrators of these pollution cases. The varying substantive and geographical reach of any given State’s criminal law poses unique challenges in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consequences arising from the potential conflict between the EU harmonization measures within the field, and UNCLOS are detailed in the monograph.

Lawyers, academics, and legal researchers, will appreciate Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation as a thorough source of information on the existing rules and practice in criminal cases involving pollution violations from ships.
Citește tot Restrânge

Preț: 88596 lei

Preț vechi: 108044 lei
-18% Nou

Puncte Express: 1329
Preț estimativ în valută:
16953€ • 17903$ • 14108£

Carte indisponibilă temporar


Wish list
Gift list
Am citit!
Adaugă în listă
Doresc să fiu notificat când acest titlu va fi disponibil:
Trimite
Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9789004209992
ISBN-10: 9004209999
Pagini: 346
Dimensiuni: 155 x 235 x 23 mm
Greutate: 0.68 kg
Ediția:XIV, 346 Pp.
Editura: Brill
Colecția Brill | Nijhoff

Cuprins

CRIMINAL JURISDICTION OVER PERPETRATORS OF SHIP-SOURCE POLLUTION:
INTERNATIONAL LAW, STATE PRACTICE AND EU HARMONISATION

PREFACE
LIST OF ABBREVIATIONS
PART I INTRODUCTION
PART II PRESCRIPTIVE CRIMINAL JURISDICTION OVER THE PERPETRATORS OF SHIP-SOURCE POLLUTION

1INTRODUCTION

2THE FLAG STATE’S JURISDICTION UNDER INTERNATIONAL LAW TO PRESCRIBE SANCTIONS FOR SHIP-SOURCE POLLUTION
2.1Introduction
2.2Environmental obligations of flag States under international law
2.3The Flag State’s discretion with respect to the criminalization of discharge violations
2.4International rules determining environmental responsibilities and sanctions for ship-source pollution

3PRESCRIPTIVE CRIMINAL JURISDICTION OVER POLLUTION VIOLATIONS INVOLVING FOREIGN VESSELS
3.1Introduction
3.2Criminal liability for pollution and the right of innocent passage through the territorial sea
3.2.1OVERVIEW
3.2.2DOES CRIMINALIZATION OF POLLUTION VIOLATIONS HINDER INNOCENT PASSAGE?
3.2.3WHO MAY BE SUBJECT TO CRIMINAL LIABILITY FOR SHIP-SOURCE POLLUTION?
3.3UNCLOS provisions on jurisdiction in the exclusive economic zone
3.4Criminal liability for pollution violations on the high seas and in other States’ waters
3.4.1OVERVIEW
3.4.2ENVIRONMENTAL CRIMES PERPETRATED BY NATIONALS
3.4.3POLLUTION BY FOREIGN PERPETRATORS ON THE HIGH SEAS AND IN OTHER STATES’ WATERS
3.5Application of territorial jurisdiction to discharge violations perpetrated outside a State’s territory

PART III CRIMINAL ENFORCEMENT JURISDICTION IN SHIP-SOURCE POLLUTION CASES

4INTRODUCTION

5INTERDICTION OF FOREIGN VESSELS AND CREWS FOR POLLUTION VIOLATIONS
5.1Introduction
5.2Inspection and detention of foreign vessels in the territorial sea
5.3Inspection and detention of foreign vessels in the EEZ
5.4Interdiction of foreign vessels on the high seas

6JURISDICTION WITH REGARD TO CRIMINAL PROSECUTION IN SHIP-SOURCE POLLUTION CASES
6.1Introduction
6.2Flag State enforcement jurisdiction in pollution cases
6.3Jurisdiction to punish foreign perpetrators of ship-source pollution
6.3.1OVERVIEW
6.3.2DISCHARGE VIOLATIONS IN INTERNAL WATERS AND THE TERRITORIAL SEA
6.3.3DISCHARGE VIOLATIONS IN THE EEZ
6.3.4PORT STATE JURISDICTION AND EXTRATERRITORIAL POLLUTION VIOLATIONS
6.3.5ALLOCATION OF CONCURRENT JURISDICTION TO PROSECUTE A DISCHARGE VIOLATION AFFECTING SEVERAL COASTAL STATES

7SAFEGUARDS AGAINST EXCESSIVE ENFORCEMENT BY NON-FLAG STATES
7.1Introduction
7.2Rules applying to the investigation and detention of foreign vessels
7.3Prompt release of vessels and crews
7.4Suspension and restrictions on institution of proceedings
7.5Rights of the crew in criminal pollution cases

PART IV CRIMINAL JURISDICTION OVER PERPETRATORS OF SHIP-SOURCE POLLUTION IN SELECTED NATIONAL SYSTEMS AND THE EUROPEAN UNION

8INTRODUCTION

9THE EUROPEAN UNION
9.1Introduction
9.2EU rules on criminal liability for ship-source pollution in the light of MARPOL
9.2.1OVERVIEW
9.2.2DEFINITIONS OF NEGLIGENCE IN THE DIRECTIVES AND IN MARPOL
9.2.3WHO MAY BE SUBJECT TO PENALTIES FOR DISCHARGE VIOLATIONS?
9.2.4THE ERIKA AND CRIMINAL PENALTIES FOR ACCIDENTAL POLLUTION
9.3EU rules of criminal jurisdiction in ship-source pollution cases
9.3.1OVERVIEW
9.3.2EU RULES ON THE JURISDICTION OF THE STATE OF NATIONALITY
9.3.3COASTAL AND PORT STATE JURISDICTION UNDER THE DIRECTIVES
9.3.4EU RULES ON CRIMINAL JURISDICTION IN THE LIGHT OF THE UNCLOS SAFEGUARDS

10KINGDOM OF NORWAY
10.1Introduction
10.2Criminal liability for ship-source pollution
10.3Rules of criminal jurisdiction over perpetrators of pollution

11THE RUSSIAN FEDERATION
11.1Introduction
11.2Criminal liability for ship-source pollution
11.3Criminal jurisdiction over perpetrators of pollution

PART V SUMMARY AND CONCLUSIONS

LIST OF SOURCES
International documents
TREATIES
REGIONAL AND BILATERAL AGREEMENTS
INTERNATIONAL COURT OF JUSTICE
INTERNATIONAL TRIBUNAL ON THE LAW OF THE SEA
EUROPEAN COURT OF HUMAN RIGHTS
IMO RESOLUTIONS
EUROPEAN UNION
TreatiesSecondary law
Court of Justice of the European Union
Other
KINGDOM OF NORWAY
Laws
Regulations
Cases
Travaux préparatoires
THE RUSSIAN FEDERATION
Federal statutes
Federal regulations
Plenum of the Supreme Court of the Russian Federation
Cases
OTHER CASES

BIBLIOGRAPHY

Notă biografică

Alla Pozdnakova is a post-doctoral research fellow at the Scandinavian Institute of Maritime Law of the Faculty of Law at the University of Oslo and an author of several publications on topics of maritime law, EU law and competition law.