Maritime Security Regimes
Encyclopedia
Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters
and on the high seas.
, or UNCLOS. While UNCLOS is only one of many regimes, or sets of rules, laws, codes and conventions that have been created to regulate the activities of private, commercial and military users of our seas and oceans, it provides the legal framework for further maritime security cooperation. Most maritime regimes, including UNCLOS, have been created through the United Nations
International Maritime Organisation (IMO) in consultation with its member states, and refer to navigation, resource allocation and ownership, prevention of pollution
and environmental protection. The United States has not yet ratified UNCLOS (see United States non-ratification of the UNCLOS
) but it does adhere to its conventions, and has been the driving force behind other maritime security initiatives, including PSI, CSI, ISPS Code and counter-piracy agreements to address piracy against commercial shipping in the Gulf of Aden, Horn of Africa region. The United States has also led attempts to expand current bilateral maritime policing, counter narcotics trafficking agreements, whereby regional states in the Caribbean participate in a Caribbean Regional Maritime Agreement (CRA) - (long name: Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area).
Where maritime security regimes can differ from other maritime regimes, is that they are created to enable effective policing beyond the jurisdictional constraints of the territorial sea, which ranges from 3 nautical miles (5.6 km) to 12 nautical miles (22.2 km) from the high water mark of a coastal state (see UNCLOS).
Complications arise when a navy, coast guard
, coastwatch, maritime police force, or other agency wishes to intercept (or 'interdict') vessels suspected of carrying out illegal activities, such as piracy
against ships, smuggling
or there is potential for an act of terrorism
. If a suspect vessel is registered, or 'flagged', with a state other than the state of the pursuing authorities, then in most cases the pursuing authorities must gain the permission of the 'flag' state prior to boarding. If the suspect vessel crosses into the territorial waters of another state, possibly a third state, which is not the home state of the pursuing authorities, then permission must be sought from the territorial state prior to intercepting or boarding.
However, if a prior agreement has been arranged with one or more coastal states, then this can simplify and speed up the process and can make the difference between suspects being detained or not. If several states within a maritime region (such as the Caribbean Sea
or Southeast Asia
) can come to agreement on 'hot pursuit' and boarding of suspect vessels, then this will reduce time that must otherwise be spent seeking permission.
UNCLOS, Article 111 states that: "The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the law and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the international waters, the archipelagic waters, the territorial sea, or the contiguous zone if the pursuit has not been interrupted.....The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State."
(1988). Article 17 of the UN Drugs Convention states:
"1. The Parties [states] shall co-operate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea."
, and currently include piracy on the West Coast of Africa Nigeria
, the East Coast of Africa, particularly the Horn of Africa
, Gulf of Aden
and Somalian Coast; the South China Sea
, and until 2007, Southeast Asia
's Strait of Malacca
and Singapore Strait
. Security Regimes were developed during the Cold War, with the SALT I and SALT II but maritime regimes that protect the rights and free passage of commercial and other maritime traffic have been under development since colonial powers sought to protect resources and trade routes from South and Southeast Asia to Europe. Academic literature on Maritime Security Regimes is minimal, although material relating to regional maritime policing, and anti-piracy agreements such as UN Security Resolutions 1816 (2008) and 1846 (2008) suggest this is increasingly significant area of research.
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
and on the high seas.
Purpose
One of the best known International Maritime Regimes is the United Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
, or UNCLOS. While UNCLOS is only one of many regimes, or sets of rules, laws, codes and conventions that have been created to regulate the activities of private, commercial and military users of our seas and oceans, it provides the legal framework for further maritime security cooperation. Most maritime regimes, including UNCLOS, have been created through the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
International Maritime Organisation (IMO) in consultation with its member states, and refer to navigation, resource allocation and ownership, prevention of pollution
Pollution
Pollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...
and environmental protection. The United States has not yet ratified UNCLOS (see United States non-ratification of the UNCLOS
United States non-ratification of the UNCLOS
The United States was among the nations that participated in the third United Nations Conference on the Law of the Sea, which took place from 1973 through 1982 and resulted in the international treaty known as the United Nations Convention on the Law of the Sea . The United States also...
) but it does adhere to its conventions, and has been the driving force behind other maritime security initiatives, including PSI, CSI, ISPS Code and counter-piracy agreements to address piracy against commercial shipping in the Gulf of Aden, Horn of Africa region. The United States has also led attempts to expand current bilateral maritime policing, counter narcotics trafficking agreements, whereby regional states in the Caribbean participate in a Caribbean Regional Maritime Agreement (CRA) - (long name: Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area).
Where maritime security regimes can differ from other maritime regimes, is that they are created to enable effective policing beyond the jurisdictional constraints of the territorial sea, which ranges from 3 nautical miles (5.6 km) to 12 nautical miles (22.2 km) from the high water mark of a coastal state (see UNCLOS).
Complications arise when a navy, coast guard
Coast guard
A coast guard or coastguard is a national organization responsible for various services at sea. However the term implies widely different responsibilities in different countries, from being a heavily armed military force with customs and security duties to being a volunteer organization tasked with...
, coastwatch, maritime police force, or other agency wishes to intercept (or 'interdict') vessels suspected of carrying out illegal activities, such as piracy
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
against ships, smuggling
Smuggling
Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle...
or there is potential for an act of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. If a suspect vessel is registered, or 'flagged', with a state other than the state of the pursuing authorities, then in most cases the pursuing authorities must gain the permission of the 'flag' state prior to boarding. If the suspect vessel crosses into the territorial waters of another state, possibly a third state, which is not the home state of the pursuing authorities, then permission must be sought from the territorial state prior to intercepting or boarding.
However, if a prior agreement has been arranged with one or more coastal states, then this can simplify and speed up the process and can make the difference between suspects being detained or not. If several states within a maritime region (such as the Caribbean Sea
Caribbean Sea
The Caribbean Sea is a sea of the Atlantic Ocean located in the tropics of the Western hemisphere. It is bounded by Mexico and Central America to the west and southwest, to the north by the Greater Antilles, and to the east by the Lesser Antilles....
or Southeast Asia
Southeast Asia
Southeast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...
) can come to agreement on 'hot pursuit' and boarding of suspect vessels, then this will reduce time that must otherwise be spent seeking permission.
UNCLOS, Article 111 states that: "The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the law and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the international waters, the archipelagic waters, the territorial sea, or the contiguous zone if the pursuit has not been interrupted.....The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State."
Theory
While there is a broad school of thought and considerable academic literature on 'regimes'(see Regime theory), less is known about Maritime Security Regimes as an academic field, or set of theories in its own right. Another related area that requires further research is Regional Maritime Security Regimes, for while there do exist international regimes such as UNCLOS (1988), SUA (1988), ISPS code (2004) there is a trend toward regionalism in maritime security, and exclusion of a strong hegemony to administer it. The CRA is an example of a comprehensive multilateral regional maritime agreement. the CRA arose out of a need to respond to the growing prevalence of drug trafficking through the Caribbean Sea. Initially bi-lateral agreements between Caribbean states sought to address the delays that occurred when suspects fled into the territorial sea and beyond the jurisdiction of the United States Coast Guard (USCG). These comprehensive agreements sought, among other things, to allow law enforcment officers of one state to be 'sea-rider' LEDETS aboard vessels of the territorial states to reduce lengthy permission-seeking processes. The CRA refers to existing international convention found within the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic SubstancesUnited Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on...
(1988). Article 17 of the UN Drugs Convention states:
"1. The Parties [states] shall co-operate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea."
History
Maritime Security in its commercial and military forms has been the primary reason for Naval presence in areas with high shipping traffic but low levels of policing. Notable areas have historically included the Caribbean SeaCaribbean Sea
The Caribbean Sea is a sea of the Atlantic Ocean located in the tropics of the Western hemisphere. It is bounded by Mexico and Central America to the west and southwest, to the north by the Greater Antilles, and to the east by the Lesser Antilles....
, and currently include piracy on the West Coast of Africa Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, the East Coast of Africa, particularly the Horn of Africa
Horn of Africa
The Horn of Africa is a peninsula in East Africa that juts hundreds of kilometers into the Arabian Sea and lies along the southern side of the Gulf of Aden. It is the easternmost projection of the African continent...
, Gulf of Aden
Gulf of Aden
The Gulf of Aden is located in the Arabian Sea between Yemen, on the south coast of the Arabian Peninsula, and Somalia in the Horn of Africa. In the northwest, it connects with the Red Sea through the Bab-el-Mandeb strait, which is about 20 miles wide....
and Somalian Coast; the South China Sea
South China Sea
The South China Sea is a marginal sea that is part of the Pacific Ocean, encompassing an area from the Singapore and Malacca Straits to the Strait of Taiwan of around...
, and until 2007, Southeast Asia
Southeast Asia
Southeast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...
's Strait of Malacca
Strait of Malacca
The Strait of Malacca is a narrow, stretch of water between the Malay Peninsula and the Indonesian island of Sumatra. It is named after the Malacca Sultanate that ruled over the archipelago between 1414 to 1511.-Extent:...
and Singapore Strait
Singapore Strait
The Singapore Strait is a 105-kilometer long, 16-kilometer wide strait between the Strait of Malacca in the west and the South China Sea in the east. Singapore is on the north of the channel and the Riau Islands are on the south...
. Security Regimes were developed during the Cold War, with the SALT I and SALT II but maritime regimes that protect the rights and free passage of commercial and other maritime traffic have been under development since colonial powers sought to protect resources and trade routes from South and Southeast Asia to Europe. Academic literature on Maritime Security Regimes is minimal, although material relating to regional maritime policing, and anti-piracy agreements such as UN Security Resolutions 1816 (2008) and 1846 (2008) suggest this is increasingly significant area of research.
List of regimes
- SUA - Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988)
- UNCLOS - United Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the SeaThe United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
(1988/92) - PSI - Proliferation Security Initiative - not so much a regime as a set of principles.
- ISPS Code - International Ship and Port Facility Security CodeInternational Ship and Port Facility Security CodeThe International Ship and Port Facility Security Code is an amendment to the Safety of Life at Sea Convention on minimum security arrangements for ships, ports and government agencies...
- SARPSCO - The South Asia Regional Port Security Cooperative (2008)
- Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area http://www.state.gov/s/l/2005/87198.htm
External links
- IMO Anti-Piracy & RECAAP http://www.imo.org/Facilitation/mainframe.asp?topic_id=362
- Maritime Terrorism Research Center
- Maritime and air counter narcotics agreement in Caribbean http://www.state.gov/s/l/2005/87198.htm