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Interdiction and boarding of vessels at sea: new developments and old problems

Chapter


Abstract


  • The practical aspects of maritime security consist of many elements including port security measures,

    vessel monitoring, intelligence collection, and cooperation. One aspect of maritime security

    that is an essential element, which regardless of other developments can never be entirely dispensed

    with, is the interdiction and boarding of vessels. There will always be a necessity on the part of governmental

    vessels to intercept, board, and bring under control ships at sea. This chapter considers the

    relevant international law to the interdiction and boarding of vessels at sea, including some recent

    developments designed to widen the circumstances where a boarding might take place.

    The law of the sea has traditionally not been sympathetic to measures toward the interdiction of

    vessels other than that of the flag state, except in extremely limited circumstances. The grundnorm

    point is the basic principle of noninterference with vessels at sea, unless they are flying your state's

    flag or have engaged in behavior giving rise to universal jurisdiction, such as piracy or the slave

    trade. This has been the situation for many years, as is borne out by a statement by Lord Stowell

    almost two centuries ago:

    In places where no local authority exists, where the subjects of all States meet upon a footing of entire

    equality and independence, no one State, or any of its subjects, has a right to assume or exercise

    authority over the subjects of another. No nation can exercise a right of visitation and search upon the

    common and unappropriated parts of the sea, save only on the belligerent claim.

    Even if a jurisdictional basis can be found, international law circumscribes the means available to

    compel a vessel to comply with an order to heave to. This chapter also explores the relevant authority

    dealing with the use of force at sea during peacetime to indicate what range of action can be used

    by a commander to compel compliance.

Publication Date


  • 2008

Citation


  • Kaye, S. (2008). Interdiction and boarding of vessels at sea: new developments and old problems. In R. Herbert-Burns, W. Bateman & P. Lehr (Eds.), Lloyd's MIU Handbook of Maritime Security (pp. 201-214). Boca Raton: CRC Press.

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1437

Book Title


  • Lloyd's MIU Handbook of Maritime Security

Start Page


  • 201

End Page


  • 214

Abstract


  • The practical aspects of maritime security consist of many elements including port security measures,

    vessel monitoring, intelligence collection, and cooperation. One aspect of maritime security

    that is an essential element, which regardless of other developments can never be entirely dispensed

    with, is the interdiction and boarding of vessels. There will always be a necessity on the part of governmental

    vessels to intercept, board, and bring under control ships at sea. This chapter considers the

    relevant international law to the interdiction and boarding of vessels at sea, including some recent

    developments designed to widen the circumstances where a boarding might take place.

    The law of the sea has traditionally not been sympathetic to measures toward the interdiction of

    vessels other than that of the flag state, except in extremely limited circumstances. The grundnorm

    point is the basic principle of noninterference with vessels at sea, unless they are flying your state's

    flag or have engaged in behavior giving rise to universal jurisdiction, such as piracy or the slave

    trade. This has been the situation for many years, as is borne out by a statement by Lord Stowell

    almost two centuries ago:

    In places where no local authority exists, where the subjects of all States meet upon a footing of entire

    equality and independence, no one State, or any of its subjects, has a right to assume or exercise

    authority over the subjects of another. No nation can exercise a right of visitation and search upon the

    common and unappropriated parts of the sea, save only on the belligerent claim.

    Even if a jurisdictional basis can be found, international law circumscribes the means available to

    compel a vessel to comply with an order to heave to. This chapter also explores the relevant authority

    dealing with the use of force at sea during peacetime to indicate what range of action can be used

    by a commander to compel compliance.

Publication Date


  • 2008

Citation


  • Kaye, S. (2008). Interdiction and boarding of vessels at sea: new developments and old problems. In R. Herbert-Burns, W. Bateman & P. Lehr (Eds.), Lloyd's MIU Handbook of Maritime Security (pp. 201-214). Boca Raton: CRC Press.

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1437

Book Title


  • Lloyd's MIU Handbook of Maritime Security

Start Page


  • 201

End Page


  • 214