Class 24 Flashcards
What does the term high seas mean?
Area that lies outside the outer limits of a states territorial seas and EEZ
Can a state claim sovereignty over the high seas?
No, the high seas are a res communis, so no state can claim sovereignty over any part of it.
Which vessels, in the high seas, are required to have a nationality?
All vessels are required to have a nationality, and they have to fly the flag of their nationality (find the part of UNCLOS that states this). The state has to fix conditions for granting it’s nationality.
Who has jurisdiction over the activities onboard a ship?
As a general rule, the flag state has exclusive jurisdiction.
What does the term “Flags of convenience” mean?
Although UNCLOS article specifies that there must be a genuine link between the state and the ship to extend the nationality of the state to the ship, it is often not followed. What occurs i what is knows as “open registry” states that extend their jurisdiction to virtually all comers.
What problem do the “open registry” stated cause?
They are notoriously ineffective at performing their duties, which leads to poor work conditions etc.
What can a state in “hot pursuit” (Article 111)do?
“I’m Alone” v United States: A state may use reasonable force for the purpose of boarding, searching, seizingand bringing into port a suspected vessel, and if sinking occurs incidentally, then the pursuing vessel may be entirely blameless. HOWEVER, the admitted intentional sinking of a ship is not allowed
What is the Proliferation Security Initiative (PSI)?
PSI allows the participating states to use their won law and coordinate their activities to interdict shipments of dangerous technologies to suspect states and non-state actors.
How does the PSI affect international law?
It does not affect the current laws of international law; does not empower countries to do anything they could not previously do. It does not extend the jurisdiction of a state; it is primarily intended to allow participating countries to take advantage of their own existing national laws to intercept threatening trade that is passing through their territories. Furthermore, at the heart of the PSI, is bilateral “ship boarding” agreements
