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Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

Md Saiful Karim

ISBN13: 9789004329287

Published: October 2016

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £120.00

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In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.

Subjects:: Public International Law

Contents:: Acknowledgements; List of Abbreviations; Table of Treaties and Other International Legal Instruments; Table of International Cases; Table of National Cases; Chapter 1 Introduction; I Introduction; II Terrorism as a Maritime Security Threat; III Judicial Institutions and International Legal Order: Limitations and Prospects in a Theoretical Context; IV Role of Judicial Institutions; A International Judicial Institutions; 1. Available International Judicial Avenues; 2. Limitations of International Judicial Institutions; B National Courts; 1. Prosecution of Perpetrators; 2. Transnational and Vertical Disputes; 3. Horizontal or Interstate Disputes; V Operationalisation of Judicial Institutions; VI Scope of the Book; Chapter 2 The International Law of Maritime Terrorism; I Introduction; II Legal Definition of Maritime Terrorism; III Evolution of International Law Concerning Maritime Terrorism; A Application of the International Law of Piracy in the Case of Maritime Terrorism; B Development of the International Law of Maritime Terrorism; C Applicability of the International Law of Terrorism; IV Concluding Remarks; Chapter 3 Prosecution of Maritime Terrorists; I Introduction; II Jurisdictional Entitlement and Responsibility; A National Courts of the Flag State; B National Courts of the Coastal State; C National Courts of the State of Alleged Criminal; D National Courts of the State of the Victim; E National Courts of the State that is the Object of Compulsion; F Other Treaty-Based Jurisdiction; III Role of National Courts in the Prosecution of Offenders and Ensuring International Law Safeguards in the Arrest, Detention and Prosecution Process: Two Case Studies; A A Case Study of the Achille Lauro Incident; B A Case Study of the USS Cole Incident; IV Prosecution of Offenders and Probable Interstate Disputes; V Concluding Remarks; Chapter 4 Legal Issues That May Create Disputes Involving International Law; I Introduction; II Maritime Terrorism as a Threat to Navigational Rights within National Jurisdiction and the Coastal State’s Responsibility; III Interference with Freedom of Navigation for Combating Maritime Terrorism; IV Flag State Responsibility for Maritime Terrorism Using a Vessel; V State Responsibility for Aiding Maritime Terrorists; VI Concluding Remarks 97; Chapter 5 Settlement of Vertical, Transnational and Horizontal Disputes Arising from Maritime Terrorism; I Introduction; II Maritime Terrorism-Related Disputes and National Courts; A National Courts and Unjustified Interference with Navigation; B Vindicating the Right of the Victims through the National Court; III Maritime Terrorism-Related Disputes and International Courts; IV Concluding Remarks; Chapter 6 Concluding Observations; I Introduction; II The Role of Judicial Institutions; A Prosecution of Maritime Terrorists; B Settlement of Transnational, Horizontal and Vertical Disputes; III Concluding Remarks; Bibliography; Index