Criminal jurisdiction over perpetrators of ship-source pollution : international law, state practice and EU harmonisation / by Alla Pozdnakova.

By: Pozdnakova, AllaMaterial type: TextTextPublisher: Leiden ; Boston : M. Nijhoff Publishers, 2013Description: xiv, 346 pages ; 24 cmContent type: text Media type: unmediated Carrier type: volumeISBN: 9789004209992; 9004209999Subject(s): Marine pollution -- Law and legislation | Shipping -- Environmental aspects | Criminal jurisdiction | Liability for oil pollution damages | Criminal jurisdiction | Liability for oil pollution damages | Marine pollution -- Law and legislation | Shipping -- Environmental aspectsDDC classification: 344.04/6343 LOC classification: K3591.2 | .P69 2013
Contents:
Prescriptive criminal jurisdiction over the perpetrators of ship-source pollution : the flag state's jurisdiction under international law to prescribe sanctions for ship-source pollution -- Prescriptive criminal jurisdiction over pollution violations involving foreign vessels -- Criminal enforcement jurisdiction in ship-source pollution cases : interdiction of foreign vessels and crews for pollution violations -- Jurisdiction with regard to criminal prosecution in ship-source pollution cases -- Safeguards against excessive enforcement by non-flag states -- Criminal jurisdiction over perpetrators of ship-source pollution in selected national systems and the European Union : the European Union -- Kingdom of Norway -- The Russian Federation.
Summary: 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 challenge in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consquuences arising from the potential conflict between the EU harmonization measures within the field and UNCLOS are detailed.
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Includes bibliographical references (pages 333-340) and index.

Prescriptive criminal jurisdiction over the perpetrators of ship-source pollution : the flag state's jurisdiction under international law to prescribe sanctions for ship-source pollution -- Prescriptive criminal jurisdiction over pollution violations involving foreign vessels -- Criminal enforcement jurisdiction in ship-source pollution cases : interdiction of foreign vessels and crews for pollution violations -- Jurisdiction with regard to criminal prosecution in ship-source pollution cases -- Safeguards against excessive enforcement by non-flag states -- Criminal jurisdiction over perpetrators of ship-source pollution in selected national systems and the European Union : the European Union -- Kingdom of Norway -- The Russian Federation.

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 challenge in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consquuences arising from the potential conflict between the EU harmonization measures within the field and UNCLOS are detailed.

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