The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans

Description

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX. Cover Prelims Foreword Preface Acknowledgements Contents List of Abbreviations Table of Cases Table of Treaties and other International Agreements 1. Introduction 2. The Theoretical Framework of the Right of Visit on the High Seas: Mare Liberum v Mare Clausum Revisited 3. The Law of Maritime Interception on the High Seas 4. Interception on the High Seas in the Context of Peace and Security: The Right of Visit in Cases of Armed Conflict and Security Council's Action 5. Contemporary Challenges to International Peace and Security: International Terrorism and the Proliferation of Weapons of Mass Destruction 6. Maritime Interception to Safeguard the Fundamental Freedoms of the High Seas 7. Interception on the High Seas to Counter Drug Trafficking 8. Interception on the High Seas and Human Beings 9. Conclusions Bibliography Index