Criminal jurisdiction over perpetrators of ship-source pollution : international law, state practice and EU harmonisation / by Alla Pozdnakova.

Includes bibliographical references.

Print version record.

Preface; List of Abbreviations; Part One Introduction; Part Two Prescriptive Criminal Jurisdiction Over the Perpetrators of Ship-Source Pollution; 1 Introduction; 2 The Flag State's Jurisdiction Under International Law to Prescribe Sanctions for Ship-Source Pollution; 2.1 Introduction; 2.2 Environmental Obligations of Flag States Under International Law; 2.3 The Flag State's Discretion with Respect to the Criminalization of Discharge Violations; 2.4 International Rules Determining Environmental Responsibilities and Sanctions for Ship-Source Pollution

3 Prescriptive Criminal Jurisdiction Over Pollution Violations Involving Foreign Vessels3.1 Introduction; 3.2 Criminal Liability for Pollution and the Right of Innocent Passage Through the Territorial Sea; 3.2.1 Overview; 3.2.2 Does Criminalization of Pollution Violations Hinder Innocent Passage?; 3.2.3 Who May Be Subject to Criminal Liability for Ship-Source Pollution?; 3.3 UNCLOS Provisions on Jurisdiction in the Exclusive Economic Zone; 3.4 Criminal Liability for Pollution Violations on the High Seas and in Other States' Waters; 3.4.1 Overview

3.4.2 Environmental Crimes Perpetrated by Nationals3.4.3 Pollution by Foreign Perpetrators on the High Seas and in Other States' Waters; 3.5 Application of Territorial Jurisdiction to Discharge Violations Perpetrated Outside a State's Territory; Part Three Criminal Enforcement Jurisdiction in Ship-Source Pollution Cases; 4 Introduction; 5 Interdiction of Foreign Vessels and Crews for Pollution Violations; 5.1 Introduction; 5.2 Inspection and Detention of Foreign Vessels in the Territorial Sea; 5.3 Inspection and Detention of Foreign Vessels in the EEZ

5.4 Interdiction of Foreign Vessels on the High Seas6 Jurisdiction with Regard to Criminal Prosecution in Ship-Source Pollution Cases; 6.1 Introduction; 6.2 Flag State Enforcement Jurisdiction in Pollution Cases; 6.3 Jurisdiction to Punish Foreign Perpetrators of Ship-Source Pollution; 6.3.1 Overview; 6.3.2 Discharge Violations in Internal Waters and the Territorial Sea; 6.3.3 Discharge Violations in the EEZ; 6.3.4 Port State Jurisdiction and Extraterritorial Pollution Violations; 6.3.5 Allocation of Concurrent Jurisdiction to Prosecute a Discharge Violation Affecting Several Coastal States

7 Safeguards Against Excessive Enforcement by Non-Flag States7.1 Introduction; 7.2 Rules Applying to the Investigation and Detention of Foreign Vessels; 7.3 Prompt Release of Vessels and Crews; 7.4 Suspension and Restrictions on Institution of Proceedings; 7.5 Rights of the Crew in Criminal Pollution Cases; Part Four Criminal Jurisdiction over Perpetrators of Ship-Source Pollution in Selected National Systems and the European Union; 8 Introduction; 9 The European Union; 9.1 Introduction; 9.2 EU Rules on Criminal Liability for Ship-Source Pollution in the Light of MARPOL; 9.2.1 Overview

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of ship-source pollution. Criminal sanctions for discharge violations committed by sea-going vessels represent an issue of critical concern in the field of International Law, given the many devastating pollution cases which have occurred at sea, and the multitude of complications inherent in the criminal prosecution of the perpetrators of these pollution cases. The varying substantive and geographica.

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