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Mary George, Can a limited purpose maritime and air defence identification zone be established over the South China Sea?

Mô tả
The paper strives to justify the adoption of this zone to control piracy, as such a course of action could promote freedom of commercial shipping and navigation supplementing flag State jurisdiction and may assist shippers who are not allowed to carry weapons and use force in self-defence against pirates and who cannot exercise universal jurisdiction but without infringing the right of overflight under the 1944 Chicago Convention on Civil Aviation. It would also be a lawful exercise of state responsibility by coastal States as permitted by Article 105 on “A seizure of a Pirate ship or Aircraft”, 1982 LOSC under the principle of universal jurisdiction.  The three areas of discussion are first, the incidents of piracy and armed robbery in the South China Sea; second, the legal framework of maritime and air defence identification zones and finally the establishment of a limited purpose South China Sea Maritime and Air Defence Identification Zone.  The consequences of littoral States inaction would probably leave shippers, with the sole responsibility of combating piracy occurring on their ships as the threats increase. 
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15-02-2012
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