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Developments on the Interdiction of Vessels on the High Seas

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Chapter Summary

The Permanent Court of International Justice affirmed the exclusivity of the flag State jurisdiction in the Lotus case: "Vessels on the high seas are subject to no authority except that of the State whose flag they fly. In virtue of the principle of the freedom of the seas, that is to say, the absence of any territorial sovereignty upon the high seas, no state may exercise any kind of jurisdiction over foreign vessel upon them". According to both the 1958 Geneva Convention and the LOS Convention, specific mutual jurisdictional rights of visit and search are given by the flag State to another State by virtue of a treaty. Article 110 of the LOS Convention provides a list of specific activities whose exercise gives to a warship the ground to implement the rights of search and visit.

Keywords: 1958 Geneva convention; article 110; international justice; International Maritime Bureau's Piracy; LOS Convention; permanent Court; state jurisdiction



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