Overview

Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

Full Product Details

Author:   Anna Petrig
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   46
Dimensions:   Width: 15.50cm , Height: 2.50cm , Length: 23.50cm
Weight:   0.918kg
ISBN:  

9789004269965

ISBN 10:   9004269967
Pages:   500
Publication Date:   31 October 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Excerpt of table of contents: Acknowledgements; List of Abbreviations; Introduction I. Hypothesis: Piracy Suspects Are Holders of International Individual Rights II. Scope of the Study: Disposition in Light of International Individual Rights III. Case Studies: Methodology Applied Part 1 Disposition of Piracy Cases: The Context I. The Phenomenon: Somali-Based Piracy II. A Janus-faced Response: Internationalized Policing and Domestic Prosecution III. Building a Bridge: Interlocking Policing and Prosecution IV. Paving the Way for Prosecutions: Disposition of Piracy Cases V. Conclusions on Disposition of Piracy Cases: The Context Part 2 Disposition of Piracy Cases: The Practice I. Disposition in an Interstate Setting: Denmark II. Disposition in a Multinational Context: EUNAVFOR III. Conclusions on Disposition of Piracy Cases: The Practice Part 3 Disposition of Piracy Cases: Applicable Legal Frameworks I. International Humanitarian Law II. International Refugee Law III. International Human Rights Law Part 4 Arrest and Detention in Light of International Individual Rights I. Arrest and Detention of Piracy Suspects in Light of the Right to Liberty II. Procedural Safeguards for Piracy Suspects Deprived of Their Liberty III. Conclusions on Arrest and Detention Part 5 Transfer Decision Procedure in Light of International Individual Rights I. A Conditional Right Not to Be Transferred: Non-Refoulement II. Right to an Individual Non-Refoulement Assessment III. Right to Be a Party to Transfer Proceedings IV. Conclusions on Transfer Decision Procedure Concluding Remarks I Bibliography; II United Nations Documents; III Table of Cases; IV Table of Legislation.

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Awarded the Emilie Louise Frey-Preis zur Forderung junger Wissenschaftlerinnen from the University of Basel, Switzerland.

Awarded the Emilie Louise Frey-Preis zur Foerderung junger Wissenschaftlerinnen from the University of Basel, Switzerland.

Author Information

Dr. Anna Petrig is a post-doc researcher at the University of Basel, Switzerland. She is a member of the Management Committee of MARSAFENET (network of experts on the legal aspects of maritime safety and security; COST Action IS1105) and co-leader of its Working Group on International Maritime Security and Boarder Surveillance. Anna Petrig is a member of the Bar of the Canton of Berne, Switzerland, and the New York State Bar. She holds a PhD from the University of Basel and an LL.M. from Harvard Law School.

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