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The International Law of the Sea and Maritime Interception

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Douglas Guilfoyle

on 28 August 2015

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Transcript of The International Law of the Sea and Maritime Interception

International Law of the Sea and
Maritime Interception

Dr Douglas Guilfoyle
University College London The coastal State of Utopia Internal waters
bays
harbours
ports
rivers Territorial Sea Contiguous Zone The Exclusive Economic Zone The High Seas Up to 12 nautical miles Sources:
Customary international law
Treaties Convention on the High Seas 1958
Convention on the Territorial Sea and Contiguous Zone 1958
UN Convention on the Law of the Sea 1982 (‘UNCLOS’) Main points:

• Territorial sovereignty: full law enforcement powers.
• Jurisdiction over acts at sea?
• No duty to allow ships to enter port, except for vessels in distress. Vessels passing through the territorial sea have a right of innocent passage. Innocent passage may be suspended ‘without discrimination’ where this is ‘essential for the protection of [the coastal State's] security’. Law enforcement: the coastal State may prevent infringement of:
customs laws,
fiscal laws,
immigration laws or
sanitary (quarantine) laws. In a zone contiguous to its territorial sea ... the coastal State may exercise the control necessary to:

(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;

(b) punish infringement of the above laws and regulations committed within its territory or territorial sea. Prevention Applies to inbound ships.
No law violated yet. Prevent violations of:
customs laws,
fiscal laws,
immigration laws or
sanitary (quarantine) laws. Diversion and warning. Not arrest or seizure. Punishment Applies to outbound ships and ships using small boats to enter the territorial sea or communicate with the shore. May punish violations of:
customs laws,
fiscal laws,
immigration laws or
sanitary (quarantine) laws. Allows arrest/seizure. The coastal State has (under Article 56):
sovereign rights over natural resources,
jurisdiction over installations and structures,
jurisdiction over scientific research, and
jurisdiction over the protection and preservation of the marine environment. Vessels on the high seas may only be visited and inspected on suspicion of:
(1) piracy;
(2) the slave trade;
(3) unauthorised broadcasting; and
(4) being without nationality (‘stateless vessels’). Up to 24 nautical miles Up to 200 nautical miles
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