Are the rules on the right of visit sufficient forproviding security on the high seas?
Başlık çevirisi mevcut değil.
- Tez No: 720261
- Danışmanlar: Belirtilmemiş.
- Tez Türü: Yüksek Lisans
- Konular: Deniz Bilimleri, Denizcilik, Hukuk, Marine Science, Marine, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2019
- Dil: İngilizce
- Üniversite: Unıversıty Of Exeter
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
The dissertation is related to the international rules which provide the right of visit as to whether they are enough to provide security on the high seas. The term“security”in the dissertation refers not only to human life, but also to food security, economic security and community health. The main principle on the high seas in terms of exercising jurisdiction is known as the flag state jurisdiction, which means that each state has exclusive jurisdiction over its vessels on the high seas. Other states cannot exercise jurisdiction over non-flag state vessels on the high seas unless international rules provide otherwise. The right of visit may cover the boarding, searching and applying enforcement of jurisdiction, which are determined by the international rules. In order to exercise these actions, non-flag states need an international agreement, customary law or flag state consent, otherwise it would be illegal. In other words, the right of visit may not cover searching a vessel and arresting a vessel and its crew. The United Nations Convention for the Law of the Sea (UNCLOS) 110 provides the right of visit under limited circumstances, which are piracy, slave trade, unauthorised broadcasting, and stateless vessels. The border of the right of visit has been drawn by the international rules. The non-flag state must conduct the right of visit in accordance with the international rules. Apart from UNCLOS, other international agreements also provide for the practicing of the right of visit in the case of drug trafficking, illegal, unreported and unregulated (IUU) fishing, illicit immigrant trafficking, or the proliferation of weapons of mass destruction (WMD). These are peaceful practices. On the other 2 hand, a belligerent side can interdict neutral merchant ships during wartime, which is provided by customary law. The conclusion of this thesis is that the international rules providing the right of visit on the high seas are not enough to provide security on the high seas due to the lack of effective provisions and international cooperation. This must be reviewed based on the current reality.
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