State immunity and the law of the sea: a shipping perspective
State immunity and the law of the sea: a shipping perspective
Should private-sector providers of certain shipping services enjoy sovereign immunity derivative from the flag State’s? This study finds that ship registries have a relatively powerful claim, while that of classification societies is much weaker than the reasoning of recent court judgments would suggest. For privately contracted armed security personnel too, the general case is weak but perhaps stronger in particular circumstances. The presence or absence of commercial competitors is argued to be the key.
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663
Serdy, Andrew
(2024)
State immunity and the law of the sea: a shipping perspective.
Journal of International Maritime Law.
(In Press)
Abstract
Should private-sector providers of certain shipping services enjoy sovereign immunity derivative from the flag State’s? This study finds that ship registries have a relatively powerful claim, while that of classification societies is much weaker than the reasoning of recent court judgments would suggest. For privately contracted armed security personnel too, the general case is weak but perhaps stronger in particular circumstances. The presence or absence of commercial competitors is argued to be the key.
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Accepted/In Press date: 23 February 2024
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Local EPrints ID: 487881
URI: http://eprints.soton.ac.uk/id/eprint/487881
ISSN: 1478-8586
PURE UUID: 46ca149c-c64d-4721-b5cd-dad57de48dcf
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Date deposited: 08 Mar 2024 17:32
Last modified: 11 Jul 2024 01:43
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