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The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans


ISBN13: 9781849466646
Published: September 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £30.00
Hardback edition , ISBN13 9781849461832



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The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the 21st century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag).

It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans.

The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy jure gentium and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

Subjects:
Shipping, Transport and Maritime Law, Public International Law
Contents:
1. Introduction
I. Introductory Remarks: Enquiring Maritime Interception on the High Seas
II. Contemporary Challenges to the Freedom of the High Seas and Maritime Interception
III. The Outline of the Book

2. The Theoretical Framework of the Right of Visit on the High Seas: Mare Liberum v Mare Clausum Revisited
I. The Historical Claims to Freedom of the Seas
II. Contemporary Right of Visit: Lessons from the Historical and the Theoretical Framework of Mare Liberum
III. Interference in the Contemporary Legal Order of the Oceans: Concluding Remarks

3. The Law of Maritime Interception on the High Seas
I. Introductory Remarks
II. The Right of Visit on the High Seas in Wartime
III. The Right of Visit on the High Seas in Peacetime

4. Interception on the High Seas in the Context of Peace and Security: The Right of Visit in Cases of Armed Conflict and Security Council's Action
I. Introductory Remarks
II. The Belligerent Right of Visit and Search and its Contemporary Application in the Legal Order of the Oceans
III. Conclusions

5. Contemporary Challenges to the International Peace and Security: International Terrorism and the Proliferation of Weapons of Mass Destruction
I. Introduction
II. The Challenges of International Terrorism and WMD Proliferation
III. Responses and Interdiction Operations within an Institutional Framework
IV. Responses and Interdiction Operations beyond International Organisations
V. Legal Justifications for Unilateral Interdiction Measures under General International Law
VI. Additional International Legal Issues: Use of Force, Enforcement Jurisdiction and Human Rights
VII. Concluding Remarks

6. Maritime Interception to Safeguard the Fundamental Freedoms of the High Seas
I. Introduction
II. The Case of Piracy Jure Gentium as a Threat to the Freedom of Navigation and Commerce
III. IUU Fishing as a Threat to the Freedom of Fishing

7. Interception on the High Seas to Counter Drug Trafficking
I. Introduction
II. International Legal Justifications for Interference with Drug Smuggling on the High Seas
III. Additional International Legal Issues in the Course of Interception Operations
IV. Concluding Remarks

8. Interception on the High Seas and Human Beings
I. Introduction
II. International Legal Justifications for Interference on the High Seas
III. Additional International Legal Issues in the Course of Interception Operations of Human Beings
IV. Concluding Remarks

9. Conclusions