留学生国际法作业 [2]
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:15770
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。
art of it. This concept, called the freedom of the high seas, was developed as opposed to the closed seas-principle which was claimed by Portugal and Spain in the fifteenth and sixteenth centuries, leading to a division of the seas of the world between the two powers in 1506. [2] However, the high seas are nowadays subject to res communis and the general rule is that states cannot in principle control the activities and the whereabouts of other states on the high seas. [3] The freedom of the high seas has been traditionally established in customary international law but the first draft of codification was formulated in the Resolution on the Laws of Maritime Jurisdiction by the International Law Association in 1926, which declared that “no state may claim any right of sovereignty over any portion of the high seas or place any obstacle to the free and full use of the high seas” [4] . The principle of the freedom of the high seas was eventually also declared in the Geneva Convention on the High Seas (1958) as well as in the 1982 United Nations Convention on the Law of the Sea (the first hereinafter referred to as GCHS and the latter as UNCLOS). These conventions clarified international customary law and made it easier to comprehend. Some articles in the conventions will be brought into light in the text below in order to give a clear and fuller view of the subjects presented.
Some of the key-principles regarding the high seas are stated in article 2 GCHS and article 87 and 89 UNCLOS, which affirm that the high seas are open to all states and that no state may validly purport to subject any part of them to its sovereignty. Furthermore, article 87 UNCLOS states that the freedom of the high seas includes inter alia the freedoms of navigation, overflight, laying of submarine cables or pipelines, the construction of artificial islands and other installations permitted under international law, fishing and scientific research. However, these freedoms are to be exercised with due regard for the interests of other states and for the rights under the convention with respect to activities in the area (meaning the International Seabed Area [5] ). Worth noting is also that the high seas are reserved for peaceful purposes (article 88, UNCLOS).
2.2. Flag state jurisdiction
Thus, the high seas have relatively far-reaching freedoms for all states, but there must however be some kind of maintenance of order and jurisdiction so that these freedoms do not get violated and used in a wrongful way by any state and so that wrongful acts on the high seas do not go unpunished. The main rule is that the state which has granted to a ship the right to sail under its flag (the flag state) has the exclusive right to exercise legislative and enforcement jurisdiction over its ships on the high seas. [6] It is accordingly the flag state that enforces the rules and regulations of its own municipal law as well as international law. [7]
The general principle that the flag state alone may exercise jurisdictional rights over its ships was elaborated in the Lotus-case (1927) where the Permanent Court of International Justice held that “vessels on the high seas are subject to no authority except that of the state whose flag they fly” [8] . [9] The flag state-principle is nowadays also stipulated in article 92 UNCLOS (and article 6 GCHS), where it is stated that ships must sail under the flag of one state only and that th
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