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Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

Author: Md Saiful Karim
Publisher: Brill Nijhoff
ISBN: 9789004329287
Published In: October 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

¥31,028.77

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Contents

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In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.

Acknowledgements

List of Abbreviations

Table of Treaties and Other International Legal Instruments

Table of International Cases

Table of National Cases

Chapter 1 Introduction

I Introduction

II Terrorism as a Maritime Security Threat

III Judicial Institutions and International Legal Order: Limitations and Prospects in a Theoretical Context

IV Role of Judicial Institutions

A International Judicial Institutions

Available International Judicial Avenues

Limitations of International Judicial Institutions

B National Courts

Prosecution of Perpetrators

Transnational and Vertical Disputes

Horizontal or Interstate Disputes

V Operationalisation of Judicial Institutions

VI Scope of the Book

Chapter 2 The International Law of Maritime Terrorism

I Introduction

II Legal Definition of Maritime Terrorism

III Evolution of International Law Concerning Maritime Terrorism

A Application of the International Law of Piracy in the Case of Maritime Terrorism

B Development of the International Law of Maritime Terrorism

C Applicability of the International Law of Terrorism

IV Concluding Remarks

Chapter 3 Prosecution of Maritime Terrorists

I Introduction

II Jurisdictional Entitlement and Responsibility

A National Courts of the Flag State

B National Courts of the Coastal State

C National Courts of the State of Alleged Criminal

D National Courts of the State of the Victim

E National Courts of the State that is the Object of Compulsion

F Other Treaty-Based Jurisdiction

III Role of National Courts in the Prosecution of Offenders and Ensuring International Law Safeguards in the Arrest, Detention and Prosecution Process: Two Case Studies

A A Case Study of the Achille Lauro Incident

B A Case Study of the USS Cole Incident

IV Prosecution of Offenders and Probable Interstate Disputes

V Concluding Remarks

Chapter 4 Legal Issues That May Create Disputes Involving International Law

I Introduction

II Maritime Terrorism as a Threat to Navigational Rights within National Jurisdiction and the Coastal State’s Responsibility

III Interference with Freedom of Navigation for Combating Maritime Terrorism

IV Flag State Responsibility for Maritime Terrorism Using a Vessel

V State Responsibility for Aiding Maritime Terrorists

VI Concluding Remarks 97

Chapter 5 Settlement of Vertical, Transnational and Horizontal Disputes Arising from Maritime Terrorism