The Flag State's (diplomatic) Authority Over The Crew Of A Foreign Ship (AI)
In accordance with the fundamental principle of international law, the State shall be entitled to protect its citizen who is damaged by a violation of international law by another State and cannot provide compensation by ordinary means.The right of "diplomatic protection" based on the assumption that a person suffered in this way is an indirect harm to the state in which he carries his nationality, means that the nationals of the state can seek ways to rectify the situation in the international sphere by taking on the rights arising from the infringement of international law.Diplomatic custody, initiation of negotiations, proceedings by other states or international organizations may be exercised in the form of application to the international court.The capacity of a State to provide diplomatic custody to a person (or object) depends on the nationality of the State concerned.However, the draft draft on diplomatic custody, completed by the International Law Commission in 2006, stipulates that the state will be able to provide diplomatic custody for non-citizens and refugees in its country under certain conditions, apart from the traditional essence.Again, in accordance with Article 18 of the draft law, the flag State shall have the right to seek compensation in the name of the non-important nationality they carry in the event of damages to a ship in connection with a violation of international law, which shall not affect the right of diplomatic custody of the States in which the crew has the nationality.Although the flag state’s right to seek out foreign crew is not qualified as diplomatic guardianship, it is clear that this form of protection is similar to diplomatic guardianship.In international law, the right to diplomatic custody in terms of ships belongs exclusively to the flag state; this (or similar) protection, along with the ships, is broadly interpreted in the form that it covers everyone and everything under certain conditions, and is also confirmed by a number of state practices and international judgment and judgment decisions.In relatively recent periods, the International Maritime Law Court (ICC) has relating to the detention of commercial ships along with the crew of the "saiga" (no.2) in the case m/v "virginia g", the flag state has agreed that, in the framework of the "integrity of the flagship" approach, the right www.karadenizkongresi.org isbn: 978-605-06766-0-0 social bi-li-mler congress, the full text of which the international bi-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li.The court, in the case of the Arctic Sunrise, which involves Russia’s blocking of a Greenpeace ship with the Dutch flag with its crew, provided that members of the crew, including Russian citizens, will be released.The arbitration court established for the dispute, in its ruling on the basis, has confirmed that the ship that forms a whole and all involved in the operation or all involved in the operation, is subject to the power of the flag state; that the flag state may promote the right of custody even for the crew who carries the nationality of that state against the state in the intervention.In our presentation - the diplomatic custody agency supplements the rights of the foreign crew of the state of the flag in the international sphere, the basis of the right to protection, the main objectives and characteristics are explained by examples from the application; the importance of this form of protection and the controversial points are assessed.Keywords: international law, diplomatic custody, condition of citizenship, flag state, foreign ship crew, as stated in the decision of the International Court of Permanent Justice in the case of the Mavrommatis Palestine concessions, is a fundamental principle of international law, in which a state has the right to protect its citizen who is damaged by an act of violation of international law by another state and is unable to provide compensation by ordinary means.The right of "diplomatic protection" based on the assumption that the damage caused to a person by an act in violation of international law is also an indirect damage to the state in which he has his nationality means, in the simplest way, that the nationals of the state may take action in the international field by taking on the rights arising from the infringement of international law, and that the infringing state may continue its international responsibility and seek ways to correct the situation.In other words, diplomatic custody is an international procedure in which a state subject to a violation of international law applies to the resolution of the dispute arising from this action between another state and its citizen.International law 1 Mavrommatis Palestine concessions (Greece v. great britain), pcij, series a, no. 2, judgment of 30.08.1924, p.See 2 different definitions and elements of diplomatic protection.According to Article 1 of the draft articles on diplomatic protection, the diplomatic protection of a state, a nationality or a legal person, to the nations of another state.In accordance with the fundamental principle of international law, the State shall be entitled to protect its citizen who is damaged by a violation of international law by another State and cannot provide compensation by ordinary means.The right of "diplomatic protection" based on the assumption that a person suffered in this way is an indirect harm to the state in which he carries his nationality, means that the nationals of the state can seek ways to rectify the situation in the international sphere by taking on the rights arising from the infringement of international law.Diplomatic custody, initiation of negotiations, proceedings by other states or international organizations may be exercised in the form of application to the international court.The capacity of a State to provide diplomatic custody to a person (or object) depends on the nationality of the State concerned.However, the draft draft on diplomatic custody, completed by the International Law Commission in 2006, stipulates that the state will be able to provide diplomatic custody for non-citizens and refugees in its country under certain conditions, apart from the traditional essence.Again, in accordance with Article 18 of the draft law, the flag State shall have the right to seek compensation in the name of the non-important nationality they carry in the event of damages to a ship in connection with a violation of international law, which shall not affect the right of diplomatic custody of the States in which the crew has the nationality.Although the flag state’s right to seek out foreign crew is not qualified as diplomatic guardianship, it is clear that this form of protection is similar to diplomatic guardianship.In international law, the right to diplomatic custody in terms of ships belongs exclusively to the flag state; this (or similar) protection, along with the ships, is broadly interpreted in the form that it covers everyone and everything under certain conditions, and is also confirmed by a number of state practices and international judgment and judgment decisions.In relatively recent periods, the International Maritime Law Court (ICC) has relating to the detention of commercial ships along with the crew of the "saiga" (no.2) in the case m/v "virginia g", the flag state has agreed that, in the framework of the "integrity of the flagship" approach, the right www.karadenizkongresi.org isbn: 978-605-06766-0-0 social bi-li-mler congress, the full text of which the international bi-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li-li.The court, in the case of the Arctic Sunrise, which involves Russia’s blocking of a Greenpeace ship with the Dutch flag with its crew, provided that members of the crew, including Russian citizens, will be released.The arbitration court established for the dispute, in its ruling on the basis, has confirmed that the ship that forms a whole and all involved in the operation or all involved in the operation, is subject to the power of the flag state; that the flag state may promote the right of custody even for the crew who carries the nationality of that state against the state in the intervention.In our presentation - the diplomatic custody agency supplements the rights of the foreign crew of the state of the flag in the international sphere, the basis of the right to protection, the main objectives and characteristics are explained by examples from the application; the importance of this form of protection and the controversial points are assessed.Keywords: international law, diplomatic custody, condition of citizenship, flag state, foreign ship crew, as stated in the decision of the International Court of Permanent Justice in the case of the Mavrommatis Palestine concessions, is a fundamental principle of international law, in which a state has the right to protect its citizen who is damaged by an act of violation of international law by another state and is unable to provide compensation by ordinary means.The right of "diplomatic protection" based on the assumption that the damage caused to a person by an act in violation of international law is also an indirect damage to the state in which he has his nationality means, in the simplest way, that the nationals of the state may take action in the international field by taking on the rights arising from the infringement of international law, and that the infringing state may continue its international responsibility and seek ways to correct the situation.In other words, diplomatic custody is an international procedure in which a state subject to a violation of international law applies to the resolution of the dispute arising from this action between another state and its citizen.International law 1 Mavrommatis Palestine concessions (Greece v. great britain), pcij, series a, no. 2, judgment of 30.08.1924, p.See 2 different definitions and elements of diplomatic protection.According to Article 1 of the draft articles on diplomatic protection, the diplomatic protection of a state, a nationality or a legal person, to the nations of another state.
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