| |
| |
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 | |