Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2018-winter 2019 , Volume - , Number 16 #f00634; Page(s) 187 To 222.
 
Paper: 

Criminal Jurisdiction of the Coastal State, Based on Domestic Laws in Conflict with the Jurisdiction of the Flag State

 
 
Author(s):  Salehi javad*
 
* 
 
Abstract: 
The principle of jurisdiction based on the subject and object of nationality is one of the indicators of criminal jurisdiction. Accordingly، it is probable that criminal jurisdiction claims of two coastal state and flag state will be based on the nationality of each one in the single case. The case of the Enrica Lexie ship is also in the same position with claims of piracy countering. However، interpretation of each of the parties is different from the provisions of the Seas Convention on the Law of the Sea about Maritime Areas. The contiguous zone is the boundary between the territorial sea and the exclusive economic zone. However، the Convention's literature shows that the contiguous zone is part of the exclusive economic zone and follows the regulations governing this area. Therefore، the coastal state does not have the right to exercise criminal jurisdiction under domestic law. The coastal government should be limited to exercising specific affaires of administrative and supervisory sovereignty in contiguous zone. Prosecution of crimes، even the deliberate murder in a maritime incident، with the idea of fighting piracy in the contiguous zone within the jurisdiction of the flag state.
 
Keyword(s): Criminal jurisdiction,Territorial jurisdiction,Convention on the law of the sea,Coastal state,Flag state
 
References: 
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