Threats from the global commons: problems of jurisdiction and enforcement

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