Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation (XIV, 346 Pp. ed.)

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation (XIV, 346 Pp. ed.)

By: Alla Pozdnakova (author)Hardback

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Description

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.

About Author

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.

Contents

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 1 INTRODUCTION 2 THE FLAG STATE'S JURISDICTION UNDER INTERNATIONAL LAW TO PRESCRIBE SANCTIONS FOR SHIP-SOURCE POLLUTION 2.1 Introduction 2.2 Environmental obligations of flag States under international law 2.3 The Flag State's discretion with respect to the criminalization of discharge violations 2.4 International rules determining environmental responsibilities and sanctions for ship-source pollution 3 PRESCRIPTIVE CRIMINAL JURISDICTION OVER POLLUTION VIOLATIONS INVOLVING FOREIGN VESSELS 3.1 Introduction 3.2 Criminal liability for pollution and the right of innocent passage through the territorial sea 3.2.1 OVERVIEW 3.2.2 DOES CRIMINALIZATION OF POLLUTION VIOLATIONS HINDER INNOCENT PASSAGE? 3.2.3 WHO MAY BE SUBJECT TO CRIMINAL LIABILITY FOR SHIP-SOURCE POLLUTION? 3.3 UNCLOS provisions on jurisdiction in the exclusive economic zone 3.4 Criminal liability for pollution violations on the high seas and in other States' waters 3.4.1 OVERVIEW 3.4.2 ENVIRONMENTAL CRIMES PERPETRATED BY NATIONALS 3.4.3 POLLUTION BY FOREIGN PERPETRATORS ON THE HIGH SEAS AND IN OTHER STATES' WATERS 3.5 Application of territorial jurisdiction to discharge violations perpetrated outside a State's territory PART III CRIMINAL ENFORCEMENT JURISDICTION IN SHIP-SOURCE POLLUTION CASES 4 INTRODUCTION 5 INTERDICTION OF FOREIGN VESSELS AND CREWS FOR POLLUTION VIOLATIONS 5.1 Introduction 5.2 Inspection and detention of foreign vessels in the territorial sea 5.3 Inspection and detention of foreign vessels in the EEZ 5.4 Interdiction of foreign vessels on the high seas 6 JURISDICTION WITH REGARD TO CRIMINAL PROSECUTION IN SHIP-SOURCE POLLUTION CASES 6.1 Introduction 6.2 Flag State enforcement jurisdiction in pollution cases 6.3 Jurisdiction to punish foreign perpetrators of ship-source pollution 6.3.1 OVERVIEW 6.3.2 DISCHARGE VIOLATIONS IN INTERNAL WATERS AND THE TERRITORIAL SEA 6.3.3 DISCHARGE VIOLATIONS IN THE EEZ 6.3.4 PORT STATE JURISDICTION AND EXTRATERRITORIAL POLLUTION VIOLATIONS 6.3.5 ALLOCATION OF CONCURRENT JURISDICTION TO PROSECUTE A DISCHARGE VIOLATION AFFECTING SEVERAL COASTAL STATES 7 SAFEGUARDS AGAINST EXCESSIVE ENFORCEMENT BY NON-FLAG STATES 7.1 Introduction 7.2 Rules applying to the investigation and detention of foreign vessels 7.3 Prompt release of vessels and crews 7.4 Suspension and restrictions on institution of proceedings 7.5 Rights 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 8 INTRODUCTION 9 THE EUROPEAN UNION 9.1 Introduction 9.2 EU rules on criminal liability for ship-source pollution in the light of MARPOL 9.2.1 OVERVIEW 9.2.2 DEFINITIONS OF NEGLIGENCE IN THE DIRECTIVES AND IN MARPOL 9.2.3 WHO MAY BE SUBJECT TO PENALTIES FOR DISCHARGE VIOLATIONS? 9.2.4 THE ERIKA AND CRIMINAL PENALTIES FOR ACCIDENTAL POLLUTION 9.3 EU rules of criminal jurisdiction in ship-source pollution cases 9.3.1 OVERVIEW 9.3.2 EU RULES ON THE JURISDICTION OF THE STATE OF NATIONALITY 9.3.3 COASTAL AND PORT STATE JURISDICTION UNDER THE DIRECTIVES 9.3.4 EU RULES ON CRIMINAL JURISDICTION IN THE LIGHT OF THE UNCLOS SAFEGUARDS 10 KINGDOM OF NORWAY 10.1 Introduction 10.2 Criminal liability for ship-source pollution 10.3 Rules of criminal jurisdiction over perpetrators of pollution 11 THE RUSSIAN FEDERATION 11.1 Introduction 11.2 Criminal liability for ship-source pollution 11.3 Criminal 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 Treaties Secondary law Court of Justice of the European Union Other KINGDOM OF NORWAY Laws Regulations Cases Travaux preparatoires THE RUSSIAN FEDERATION Federal statutes Federal regulations Plenum of the Supreme Court of the Russian Federation Cases OTHER CASES BIBLIOGRAPHY

Product Details

  • ISBN13: 9789004209992
  • Format: Hardback, Paperback
  • Number Of Pages: 346
  • ID: 9789004209992
  • weight: 1540
  • ISBN10: 9004209999
  • edition: XIV, 346 Pp. ed.

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