Description
Book SynopsisIn this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.
Trade ReviewReview of the hardback: '… Douglas Guilfoyle has shed considerable light on an area that has been somewhat neglected … the book achieves its aims unreservedly … extremely well written … highly accessible throughout … This volume constitutes an outstanding contribution to the current corpus of literature on the modern law of the sea and appears set to constitute the cornerstone publication on this area of the law for a considerable period of time.' Journal of International Maritime Law
'Shipping Interdiction and the Law of the Sea by Douglas Guilfoyle is the most comprehensive volume of contemporary theory and state practice available on the subject … His analysis and judgments are sound, making [the book] a reference for scholars, government civilian officials, and especially the uniformed judge advocates of the sea services … [It] … is unique in its coverage of maritime interdiction, and the text moves effortlessly across civil, criminal, and military seams. The volume is very well researched and well written, and it is authoritative yet highly readable. Guilfoyle strikes just the right balance between detail and depth throughout …' American Journal of International Law
'As one can appreciate, the legal regime governing a State's right to board, visit and seize a vessel is a complex one. In Shipping Interdiction and the Law of the Sea, Douglas Guilfoyle nevertheless succeeds in steering his way across this complex topic in a clear and accessible manner.' Vincent Roobaert, NATO Legal Gazette
'As an in-depth and engaging analysis of maritime interdiction under the laws of peace, Guilfoyle's book is attaining the profile of a standard in the field.' Cameron A. Miles, British Yearbook of International Law
Table of ContentsPart I. General Principles: 1. Introduction: policing the oceans; 2. Basic principles of maritime jurisdiction; Part II. Interdiction and Maritime Policing: 3. General introduction to Part II; 4. Piracy and the slave trade; 5. Drug trafficking; 6. Fisheries management; 7. Unauthorized broadcasting on the high seas; 8. Transnational crime: migrant smuggling and human trafficking; 9. Maritime counter-proliferation of weapons of mass destruction; Part III. The General Law of Interdiction: 10. Interdiction: modalities and international law standards; 11. National jurisdiction and immunities during interdictions; 12. International responsibility and settlement of claims; 13. General conclusions: a law of interdiction?
