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The customary and the Convention exceptions on the jurisdiction of the flag State in the high seas and the aim of them | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 10, Issue 1, 2018, Pages 362-403 | ||
| Author | ||
| Dr. Sinan Talib Al-qasimy | ||
| Abstract | ||
| In the next pages of this paper, we will attempt to address an important principle that the international community is determined to maintain in the high seas and to be open to all coastal and landlocked States. On the basis of this, the principle of sovereignty of the ship-owner State to which the ship belongs is determined by its nationality on board the ship and all that happens to it when sailing on the high sea. However, following a subsequent development, international custom and agreement have produced a range of exceptions to this principle of sovereignty, It was concluded in the twentieth century, and some of them still retain their original and customary nature. There are many exceptions to the jurisdiction and polity of the flag of the ship, but here we will focus on the most important and dangerous exceptions, and since the international custom preceded the conventions to appear, so we focused on the first talk about the customary exceptions, which we limited to the fight against piracy, He followed the chase and the chase. We have followed this by talking about the most important exceptions to the Convention, which we defined as the right to approach, inspect, visit and the case of maritime collision, and the right to fight slave trade and the right to fight unauthorized broadcasting, knowing that all of this will be preceded by an introduction to the definition of the High Sea, The use of the high sea, all of this in order to clarify what we are talking about topics in the body of research, and will be preceded by all of the introduction to the subject. | ||
| Keywords | ||
| The customary; Convention exceptions; the jurisdiction; flag State; high seas and the aim of them | ||
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