Case report
Međunarodno pravo mora u miru i u oružanim sukobima [=International law of the sea in peacetime and in armed conflicts] (author VD Degan) (Rijeka, 2002) : [book review]
Jasenko Marin
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
The author divided the subject matter of this book into the following parts: Part I - ''Law of the Sea in Peacetime''. This part begins with elaboration on historical development of international law of the sea. It continues with the analyses of the legal regime of different maritime areas (internal waters, archipelagic waters of the archipelagic states, contiguous zone, high seas, international seabed, international straits and canals). The end of this part is devoted to the legal status of merchant ships, warships and other vessels staying (or sailing) in different maritime areas during the peacetime. Some very important topics are elaborated in this chapter such as the innocent passage through the territorial sea, duties of a foreign ship staying in a port of a coastal state, transit passage in international straits, legal position of ships on the high seas, immunity of warships and other government ships operated for non-commercial purposes, etc. Part II - ''Law of the Sea in Armed Conflicts''. At the beginning of this part the author gives an overview of international conventions and other sources of maritime law of war. He continues with the analysis of restrictions in maritime warfare. There are four groups of those restrictions. The first group is related to the protection of specific persons (wounded, sick and shipwrecked persons, prisoners of war, and civilians). The second group of restrictions is related to the methods of warfare. The third type is related to the objects of war. Finally, the last type of restrictions is connected with the prohibited use of some kinds of weapons. The author points out the necessity of the enforcement of humanitarian law at the time of war. Some other very important topics are also explained in this part, such as the neutrality in maritime warfare, rights and duties of the parties involved in maritime warfare as well as of the neutral parties. The legal status of the enemy and neutral ships and merchandise is particularly elaborated. Part III - ''Delimitation of Maritime Areas''. In the first chapter of this part the author analyses legal rules related to the state boundaries and delimitation of the sea. The second chapter of this part is of utmost importance. It represents an updated critical survey of international court and arbitral practice related to the maritime delimitation. The author lays emphasis on the important role of the principle of equity applied by the court when deciding in a dispute connected to the maritime delimitation. The book is written in a clear and highly readable style. It serves as a university textbook as well as a useful work of reference for those engaged in a practical way with the international law of the sea.
Keywords
book review; international law of the sea; peacetime; armed conflicts
Hrčak ID:
42010
URI
Publication date:
1.12.2003.
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