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Chapter 17. A Missing Part of the Law of the Sea Convention: Addressing Issues of State Jurisdiction over Persons at Sea

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Chapter Summary

The United Nations Convention on the Law of the Sea, 1982 (LOSC) is a milestone for international law, in general, and for the law of the sea, in particular. This chapter addresses legal issues connected with seas and literature issue, indeed one that is little, if at all, studied. It focuses on one among them in particular, though perhaps the first such issue logically considered. The chapter enquires into which State has jurisdiction over persons at sea. It is devoted to the listing and description of the rules that may be used to attribute jurisdiction over a person at sea. It is more common to encounter provisions that do not directly establish the jurisdiction of State over a person, but determine that a State will have jurisdiction over the ship or structure on which the person is located. Rules examined so far allow or mandate the exercise of jurisdiction.

Keywords: international law; jurisdiction; legal issues; LOSC; state jurisdiction



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