Download PDF by Thamarappallil Kochu Thommen: Legal Status of Government Merchant Ships in International

By Thamarappallil Kochu Thommen

This e-book is dedicated to an exam of the criminal prestige of govern­ ment service provider ships whereas at the excessive seas or within the waters of international states in time of peace. the item of this exam is to check even if there's any rule of overseas legislations which accords the sort of send a better prestige than that of personal service provider ships. no matter if govt service provider ships, in contrast to deepest ships, are entitled to definite immunities from the jurisdiction of international states is the query that we have got got down to solution during this ebook. A dialogue of the foundations in regards to the nationality of this sort of send or the jurisdiction of the flag country over her doesn't discover a position during this paintings. a central authority service provider send can be outlined as a service provider send l owned or operated via a kingdom. Immunity of a boat right here capacity the exemption of a central authority send from the jurisdiction of any nation except the flag nation. This time period additionally connotes the immunity of the flag kingdom from the jurisdiction of the tribunals of overseas states in appreciate of court cases attached with this sort of send. Immunity of individuals ability the exemption of people within the provider of a govern­ ment send, or different people on board her, from the jurisdiction of any country except the flag state.

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N. pub. (1957), pp. 710-II; see also Ch. III below, p. 85. N. , pp. 720-1; also Ch. III below, pp. 85-86. 2 A/CONF. 13/40, p. 68. 3 pp. I I et seq. 4 Republic of Mexico v. S. 30; see Ch. III below. S. 522, 532-33. 40 GOVERNMENT SHIPS AND THEIR STATUS consent and take the same steps in its interest. If the foreign government has any objection to appear as a suitor, it may, as the Court said, make the asserted public status and immunity of the vessel the subject of diplomatic representations to the end that, if that claim was recognized by the Executive Department of this government, it might be set forth and supported in an appropriate suggestion to the court by the Attorney General, or some law officer acting under his direction.

First Lord 01 the Admiralty and others: 1 the immunity from jurisdiction of foreign state vessels extends to merchant ships chartered specially for the transport of troops and commanded by officers of the regular navy. 2 The Convention and the Additional Protocol came into force in the Netherlands on 8 January 1937. 3 The executive policy in this country on the question of immunity of government ships is clearly stated in the comments made by the permanent Mission of the Netherlands to the United Nations on the articles concerning the law of the sea prepared by the International Law Commission.

Norway has ratified the Brussels Convention of 1926,2 and is therefore deemed to be bound by its provisions. In a recent case arising out of a collision between Dneproprogres, a Russian state-owned merchant ship, and the Ore Prince, a Liberian merchant ship belonging to American owners, the Norwegian District Court of Porsgrunn ordered the arrest of the Russian ship at the request of the owners of the Liberian ship. The Court asked the owners of both ships to give each other a guarantee. The ship was later released.

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