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Coastal State Jurisdiction And High Seas Freedoms In The EEZ In The Light Of The Saiga Case

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Chapter Summary

Turning first to the international law issues, the chapter describes them as existing in several different areas: first, the international law of piracy, its requirements and authorities; second, authorities in various maritime zones; third, other international treaties addressing relevant criminal conduct; and fourth, definitions in IMO instruments. The 1982 Law of the Sea Convention restates (and modestly develops) the customary international law of piracy previously codified in the 1958 Geneva Convention on the High Seas. The problematic issues involving national legislation and piracy can be summarized as follows: first, lack of implementing legislation; second, legislation that is narrower in scope than permitted under international law; and third, inadequacies with national criminal law institutions since it is most evident in the Somali context.

Keywords:Geneva Convention; international law of piracy; international treaties; Law of the Sea Convention; maritime zones; Somali context



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