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Compania Naviera Panlieve SA v. Public Prosecutor
Published online by Cambridge University Press: 01 January 2021
Abstract
Sea — High seas — Jurisdiction — Over ship used for unauthorized broadcasting — Dutch national making unauthorized broadcasts to the Netherlands from foreign ship on high seas — Seizure of ship and radio equipment by Dutch authorities — Whether having jurisdiction — Whether jurisdiction of flag State exclusive — Whether Dutch court having competence to determine ship’s entitlement to fly flag of foreign State — Geneva Convention on the High Seas, 1958, Articles 5(1) and 6(1)
Sources of international law — Customary international law — State practice — Provisions in draft treaty concerning law of the sea — Significance of acceptance of provision by majority of maritime States
Jurisdiction — Personal — Nationals on the high seas — Unauthorized broadcasting from foreign ship — Whether flag State having exclusive jurisdiction — The law of the Netherlands
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- © Cambridge University Press 1995
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