Asian Yearbook of International Law 2005-2006 (Asian - download pdf or read online

By B S Chimni, Masahiro Miyoshi, Surya Subedi

The "Asian Yearbook of foreign legislation" is an enormous refereed e-book devoted to overseas legislation matters as obvious basically from an Asian point of view.

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Extra resources for Asian Yearbook of International Law 2005-2006 (Asian Yearbook of International Law)

Example text

The Strait state may now have a duty to provide piloted armed riding crews on behalf of the state, exercise the rights of hot pursuit, and adopt an integrated approach to maritime governance where the state can introduce new Strait state maritime terrorist control and enforcement jurisdiction. In the exercise of maritime criminal jurisdiction, the state may also be required to ensure container tracking and apply advanced technology to ensure the safety of the cargo being transported. Such an activity may also fall under the civil jurisdiction of states.

The basis of liability has to be established, for terror may be inflicted for a variety of reasons such as religious differences, political or ideological or institutional purposes or for reform of any body, charitable or non-charitable, or for public or private purposes or for private ends. The standard and basis of liability for terrorism has to be determined at municipal law. Purpose or motive, although irrelevant under the Conventions, will need to be proved when the mens rea of intention is proven before the local courts.

The general basis of action to combat maritime and nuclear terrorism has to be endorsed in Part III, 1982 LOSC, and cognizance of this fact must be taken so that corresponding amendments may perhaps be introduced into the 1982 LOSC. Finally, it is submitted that Strait states may need to study the gaps, inconsistencies and overlaps in their bilateral and multilateral treaties, and their current laws then to reconsider the following offences, their elements, and the relevant institutions as the offences may arise separately or concurrently, as enumerated below: 1.

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