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Threats from the global commons: problems of jurisdiction and enforcement

Journal Article


Abstract


  • This commentary considers a number of potential threats to security originating from the global

    commons. While direct attacks on a state from vessels and aircraft passing through the global

    commons constitute such threats, this paper focuses upon challenges posed by possible action

    against maritime activity occurring outside the territorial sea and national airspace. In this

    context, there are vulnerabilities surrounding a variety of activities in the global commons. These

    include threats to international maritime trade and fisheries, possible attacks on offshore oil and

    gas installations, and interference with pipelines and submarine cables. There are significant

    limitations on the ability of a coastal state to respond within international law. This commentary

    considers the nature of jurisdiction beyond the territorial sea, and investigates what protective

    and responsive actions are available to states. It concludes by considering current international

    developments which provide for cooperation in intelligence, surveillance and interdiction, and

    greater use of port state control to circumvent these jurisdictional limitations

Publication Date


  • 2007

Citation


  • S. B. Kaye, ''Threats from the global commons: problems of jurisdiction and enforcement'' (2007) 8 (1) Melbourne Journal of International Law 185-197.

Number Of Pages


  • 12

Start Page


  • 185

End Page


  • 197

Volume


  • 8

Issue


  • 1

Abstract


  • This commentary considers a number of potential threats to security originating from the global

    commons. While direct attacks on a state from vessels and aircraft passing through the global

    commons constitute such threats, this paper focuses upon challenges posed by possible action

    against maritime activity occurring outside the territorial sea and national airspace. In this

    context, there are vulnerabilities surrounding a variety of activities in the global commons. These

    include threats to international maritime trade and fisheries, possible attacks on offshore oil and

    gas installations, and interference with pipelines and submarine cables. There are significant

    limitations on the ability of a coastal state to respond within international law. This commentary

    considers the nature of jurisdiction beyond the territorial sea, and investigates what protective

    and responsive actions are available to states. It concludes by considering current international

    developments which provide for cooperation in intelligence, surveillance and interdiction, and

    greater use of port state control to circumvent these jurisdictional limitations

Publication Date


  • 2007

Citation


  • S. B. Kaye, ''Threats from the global commons: problems of jurisdiction and enforcement'' (2007) 8 (1) Melbourne Journal of International Law 185-197.

Number Of Pages


  • 12

Start Page


  • 185

End Page


  • 197

Volume


  • 8

Issue


  • 1