Download Asian Yearbook of International Law 2005-2006 (Asian by B S Chimni, Masahiro Miyoshi, Surya Subedi PDF

By B S Chimni, Masahiro Miyoshi, Surya Subedi

The "Asian Yearbook of foreign legislations" is an important refereed booklet devoted to foreign legislation concerns as obvious essentially from an Asian viewpoint.

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Extra resources for Asian Yearbook of International Law 2005-2006 (Asian Yearbook of International Law)

Sample text

Attempts and abetments are also considered as offences. In the same vein, conditional or unconditional threats aimed at compelling a physical or juridical person to do or refrain from doing any act, where that threat is likely to endanger the safe navigation of the ship in question, amount to an offence. Accomplices, too, are considered as offenders. 3. Beyond scope Part III of the 1982 LOSC does not address the issue of maritime terrorism or nuclear terrorism as provided for in the International Convention for the Suppression of Acts of Nuclear Terrorism.

2. 9 Despite the fact that Article 27 of the Charter was amended, providing that “decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members”, it must be noted that the five permanent members are empowered to void any Security Council resolution, irrespective of the supporting majority. This is known as veto power, exercised when any permanent member enters a “negative” vote; an abstention vote allows the measure to pass.

To refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of Strait states; 3. to refrain from non-transit activities; and 4. to comply with other relevant provisions of Part III. Of these four duties, the only topic that comes somewhat close to the topic of terrorism is the reference to the “use of force” by the flag state against the Strait state. There is a difference here between the 2005 Protocols on Terrorism and Part III of the 1982 LOSC.

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