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http://dx.doi.org/10.7837/kosomes.2013.19.2.179

A Study on the Improvement for the Criminal Jurisdiction of the Flag Ship of Convenience and the Mutual Assistance in Maritime Criminal Matters  

Ko, Myung-Suk (Equipment & Technology Bureau, Korea Coast Guard Headquarters)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.19, no.2, 2013 , pp. 179-185 More about this Journal
Abstract
UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.
Keywords
Jurisdiction of the flag of ship; Flag of convenience; Marine accident; Criminal jurisdiction; Mutual assistance in criminal matters; Extradition;
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