What are civil and criminal jurisdiction under unclos



270 Views | Jibin Joseph | ANSWER |
JAHAJEE.com user
36
X
0

The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any person
or to conduct any investigation in connection with any crime committed on
board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or
the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by
the master of the ship or by a diplomatic agent or consular
officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit
traffic in narcotic drugs or psychotropic substances.

Civil jurisdiction in relation to foreign ships
1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil jurisdiction in
relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship
for the purpose of any civil proceedings, save only in respect of obligations
or liabilities assumed or incurred by the ship itself in the course or for the
purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in
accordance with its laws, to levy execution against or to arrest, for the
purpose of any civil proceedings, a foreign ship lying in the territorial sea, or
passing through the territorial sea after leaving internal waters.

Akhil Bartaria | | EDIT | REPLY


tags  MMD / MCA ORALS MASTER EXAM
SHARE Whatsapp Facebook Twitter To TOP