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State immunity and the law of the sea: a shipping perspective

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.
1478-8586
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)

Record type: Article

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.

Text
immunity_final_for_submission (not anonymous) - Accepted Manuscript
Restricted to Repository staff only until 23 February 2026.
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Accepted/In Press date: 23 February 2024

Identifiers

Local EPrints ID: 487881
URI: http://eprints.soton.ac.uk/id/eprint/487881
ISSN: 1478-8586
PURE UUID: 46ca149c-c64d-4721-b5cd-dad57de48dcf
ORCID for Andrew Serdy: ORCID iD orcid.org/0000-0002-4727-6536

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Date deposited: 08 Mar 2024 17:32
Last modified: 18 Mar 2024 03:01

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