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    Maritime Security and the Law of the Sea

    ISBN-10: 0199668140
    ISBN-13: 9780199668144
    Author(s): Natalie Klein
    Description: Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how  More...
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    Publisher: Oxford University Press
    Binding: Paperback
    Pages: 376
    Size: 6.25" wide x 9.25" long x 1.00" tall
    Weight: 1.276
    Language: English

    Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, andshould be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, thisbook not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing.While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that securityinterests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriateresponses to ensure maritime security are to be allowed.

    Abbreviations
    Table of Cases
    Table of Treaties
    Two Fundamental Concepts
    Introduction
    Two Fundamental Concepts
    Defining maritime security
    Security in the international system
    Security interests in ocean space and ocean use
    What is 'maritime security'?
    Freedoms of the high seas
    Mare liberum
    Inclusivity and exclusivity in the development of the law of the sea
    Maritime Security and the Law of the Sea
    Passage and Military Activities
    Introduction
    Passage of Warships
    Geographic application of passage regimes
    Warships and innocent passage
    Warships and transit passage and archipelagic sea lanes passage
    Coastal state powers vis-�-vis passage of warships
    Special requirements for submarines and nuclear-powered or equipped vessels
    Conclusion
    Military Activities Beyond the Territorial Sea
    Military activities in the EEZ
    Weapons tests on the high seas
    Security zones
    Conclusion
    Law Enforcement Activities
    Introduction
    Ports and Internal Waters
    Enforcement of laws for actions occurring in ports and internal waters
    Enforcement of laws for actions occurring outside ports and internal waters
    Conclusion
    Territorial Sea
    Innocent passage and exercise of criminal jurisdiction
    Increasing enforcement powers of the coastal state: marine pollution
    Increasing enforcement powers of the coastal state: fisheries
    Encroachments on exclusive enforcement jurisdiction of coastal state
    Straits
    Contiguous Zone
    Exclusive Economic Zone
    Fishing
    Marine pollution
    Conclusion
    Continental Shelf
    Exploration and exploitation of the continental shelf
    Submarine cables and pipelines
    Artificial islands, installations, and structures
    Conclusion
    High Seas
    Right of hot pursuit
    Right of visit
    Piracy
    Slavery, people smuggling, and trafficking
    Unauthorized broadcasting
    Drug trafficking
    IUU fishing
    Conclusion
    Conclusion
    Terrorism and Proliferation of Weapons of Mass Destruction
    Introduction
    Initial Responses to Maritime Terrorism-1988 SUA Convention
    Initial Legal Responses to WMD Proliferation
    Increasing Port State Controls
    ISPS Code
    Container Security Initiative and WCO Framework of Standards
    Conclusion
    Interdictions Outside the Territorial Sea
    2005 SUA Protocol
    Offences under the 2005 SUA Protocol
    Ship-boarding procedure
    Location of ship-boarding
    Requesting permission to board
    Consent to ship-boarding
    Required safeguards in undertaking a ship-boarding
    Outcomes from a ship-boarding
    Bilateral ship-boarding agreements
    Offences
    Ship-boarding procedure
    Third states
    Conclusion
    Proliferation Security Initiative
    Participants and non-participants in the PSI
    Targets of the PSI
    Consistency with international law
    Interdictions by participants in their ports, internal waters or territorial sea
    Ports and internal waters
    Territorial seas
    Contiguous zone
    Interdictions by participant states of their flagged vessels
    Interdictions by participant states of foreign vessels
    Law-making nature of the PSI
    Conclusion
    Conclusion
    Intelligence Gathering and Information Sharing
    Introduction
    Maritime Domain Awareness
    Intelligence Gathering as a Military Activity
    Foreign navies in coastal state waters
    In the territorial sea and in straits
    Exclusive Economic Zone
    Military surveys and hydrographic surveys
    Conclusion
    Monitoring the Movement of Ships and Seafarers
    Australian Maritime Identification System
    Mandatory ship reporting systems
    Identity of seafarers
    ISPS Code and WCO Framework of Standards
    Conclusion
    Information Sharing and Law Enforcement
    Piracy and armed robbery
    Terrorism and proliferation of WMD
    People smuggling
    Drug trafficking
    Illegal fishing
    Conclusion
    Conclusion
    Armed Conflict and Naval Warfare: Shifting Legal Regimes
    Introduction
    Law of the Sea During Times of Armed Conflict
    Armed Conflict
    Threats or uses of force and armed attacks
    Inter-state conflicts
    Conflicts with non-state actors
    Conclusion
    Requirements for the lawful exercise of the right of self-defence
    Enforcement actions at sea under Chapter VII of the UN Charter
    Enforcement of economic sanctions
    Piracy in Somalia
    Proliferation of WMD
    Counter-terrorism resolutions
    Conclusion
    Law of Naval Warfare
    General principles
    Treatment of merchant vessels
    Blockades
    Security/exclusion zones
    Conclusion
    Emerging Trends and Conclusion
    International Law of Maritime Security. A Synopsis and Proposal for Change
    Introduction
    Laws Relating to Maritime Security Threats
    Piracy and armed robbery
    Terrorism
    Trafficking in WMD
    Drug trafficking
    People smuggling and trafficking
    IUU fishing
    Intentional and unlawful damage to the environment
    Expanding categories of maritime security threats
    Military Interests and Maritime Security
    The Present and the Future of Maritime Security and the Law of the Sea
    Bibliography
    Index

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