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

Copyright

Dedication

Contents

Acknowledgements

List of Abbreviations

Table of Treaties and Other International Legal Instruments

Table of International Cases

Table of National Cases

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

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

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

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

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

6 Concluding Observations

I Introduction

II Role of Judicial Institutions

A Prosecution of Maritime Terrorists

B Settlement of Transnational, Horizontal and Vertical Disputes

III Concluding Remarks

Bibliography

Index