Overview

This book is devoted to an examination of the legal status of govern­ ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern­ ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.

Full Product Details

Author:   Thamarappallil Kochu Thommen
Publisher:   Springer
Imprint:   Springer
Edition:   1962 ed.
Weight:   0.317kg
ISBN:  

9789401185240

ISBN 10:   9401185247
Pages:   172
Publication Date:   01 January 1962
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

I. Government Ships and Their Status in International Law.- I. Jurisdiction over Foreign Government Ships.- A. Military ships.- B. Non-military ships.- (a) Government ships engaged in non-commercial activities.- (b) Government merchant ships.- II. Principles Relating to the Doctrine of Immunity of Ships.- A. Judicial practice in the U.S.A. and England.- B. Jurisdictional immunities of foreign states.- C. General principles.- III. Recent Developments.- A. Conventions.- B. Case law and state practice: a general survey.- C. Summary.- IV. Conclusion.- II. Jurisdiction Over Foreign Merchant Ships.- I. Internal Waters.- A. Criminal jurisdiction.- B. Civil jurisdiction.- C. Administrative jurisdiction.- (a) Customs and fiscal regulations.- (b) Sanitary regulations.- (c) Other regulations.- II. Territorial Waters.- III. Contiguous Zone.- IV. High Seas.- V. Arrest of Ships: procedure.- A. Procedure in England and in the United States.- B. Procedure in civil law countries. .- III. Illustrations from Case Law and State Practice.- I. Criminal Jurisdiction.- II. Civil Jurisdiction.- A. Absolute immunity.- B. Restrictive tendencies.- C. Some practical difficulties.- D. Seizure and execution.- III. Administrative Jurisdiction.- IV. Conventions.- I. Criminal Jurisdiction.- A. Internal waters.- B. Territorial waters.- The first Geneva Convention of.- C. High seas.- The second Geneva Convention of 1958.- II. Civil Jurisdiction.- A. Internal and territorial waters.- The Brussels Convention of 1926 and the Additional Protocol of 1934.- The first Geneva Convention of 1958.- B. High seas.- The Brussels Convention of 1926 and the second Geneva Convention of 1958.- III. Administrative Jurisdiction.- The Geneva Convention of 1923.- The Brussels Convention of 1926 and the first Geneva Convention of 1958.- IV. Reflections on the Conventions.- Reservations to the Geneva Conventions of 1958.- V. Conclusions.- Suggestions.- Summary.- Selected Bibliography.- Index of Names.

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