Maritime security and the convention on the law of the sea LOSC is an international order protected by law and relies on judicial decisions, other protocols, traditions and regulations and commitment to law scholarships. Balancing the interests of the state and common interest, the Convention supports broader security and judicial requirements. The Convention provides a legal framework in which states organize their military and law enforcement assets.
This section deals with the LOSC chapters on the handling of illegal activities in the maritime field, especially in international waters. Maritime security law includes multilateral and bilateral legal regimes to address crimes committed in global commons. In addition to the Convention, other legal documents, such as the Suppression of Illegal Actions at Sea (CPSA) and the Non-formal Security Initiative (PSI), and organizations such as the International Maritime Organization (IMO) govern sea-to-shore activities. . ports. Illegal trade activities are difficult to address in full because they often follow legal trade and use the technology, methods and methods used by the maritime industry to achieve efficiency and reduce risk; Therefore, legal regimes and institutions should undermine and reduce the capacity of criminal organizations to operate unpunished.
Maritime Security and the Convention
Where maritime security and international law meet, maritime lawyer is the architecture of interactive rules and processes governing the use of the world’s seas and oceans, and international cooperation and cooperation is essential to its success. As a form, maritime security is very important for national and international security. Functionally, maritime security is legally complex, but as Natalie Klein points out, those who have the right to protect access to the sea and high seas and to protect coastal waters, including the US “Modern interests are shared. Even if they have special needs or interests that coexist with the interests of States. Ortak 4 A common interest in maritime safety is the basis of comprehensive international approaches to maritime safety. This may require a reassessment of shared and exclusive interests, because “no nation has the sovereignty, capacity or assets to compromise global security, controls or controls of transnational threats”. Operatively, States that endeavor to enforce their national laws face the threat of non-state actors trying to exploit the oceans, arousing fear for material gains, illegal excuses, political gains, or supporting criminal initiatives. These challenges challenge the interpretation and application of international law and at the same time provide an opportunity for a better understanding of maritime safety.
Maritime Security Roles of the Navy and Coast Guard Under the Convention
Military forces working in international waters are entering multiple legal regimes. Since there is no single unit responsible for maritime security, the Navy, which works with the US Coast Guard, applies both international and US laws. The US Navy Charter states that from time to time Commanders should always comply with the principles of international law and request their orders. In order to fulfill this responsibility, it is authorized to leave the other provisions of the Navy Regulation. ”11 Despite this hierarchy, local and international laws complement each other. For example, Article 98 of the Convention and Article 98 of the US Navy Charter emphasize the safety of life at sea and direct the commander of a navy ship and the right to assist the commander. These provisions are an important concern for maritime security unless they provide the right to approach for other reasons other than receiving the money of the maritime vessels.
The laws regarding maritime security operations are premised on the notion of universality of crime, that illicit activity conducted on the high seas is contrary to good order and the innate freedom of the seas under international law. Notably, if reasonable suspicion of specific illicit activity, as enumerated in Article 110 of the Convention, is acted upon through a boarding, but the suspicions are unfounded and no illegal activity is discovered, the ship visited is entitled to compensation for any loss or damage. Therefore, the decisions made by the commander may have significant consequences if the appropriate decision is not taken during the boarding process. The criteria expressed in LOSC are relatively broad in scope; Therefore, the specific rights of any ship depend on certain conditions and the activity in question.
Varieties of Transnational Crime in the Maritime Domain
Maritime trade routes closely follow commercial maritime routes, and the methods and technologies used by criminals are often more advanced than those used in legal trade. The vast areas of the ocean, the complexity of the maritime transport system, the huge volume of cargo transferred at each port, and the limited capacity of cargo controls create opportunities for criminals. Commercial trade in the maritime field follows a set of ocean path clusters that are reasonably defined, depending on current and weather conditions. Because of the reliability of transport and the large amount of cargo transported, traders are using the commercial transport industry with great influence. Offers anonymity for maritime and maritime offenders; Criminal activity can be hidden behind the legitimate industry to appear legal. Criminal activity, especially narcotics, trafficking in human beings and arms trade is prohibited. It became so widespread that states and corporations would be able to file criminal cases. The persons concerned may be of different nationalities, vessels may be marked in different States, multiple vessels may be used in the network, vessels may cross the waters of various States and may call from different ports before reaching a final destination.
Article 108 requires Member States to cooperate and strengthen efforts to help suppress drug trafficking, in particular by addressing other flagged ships. Traditionally, drug traffickers have used roads, but over the past two decades they have changed the transition from the west to the Pacific Ocean and from the east to the Atlantic Ocean.
Piracy and Armed Robbery at Sea
Piracy, one of the oldest and persistent forms of maritime crimes, is subject to strict treatment under the law on maritime security and the provisions in the LOSC are derived directly from international law. Article 101 defines piracy as “any act of unlawful violence or detention, or any evacuation committed by a private ship or crew or passengers of a particular ship or aircraft in the offshore”. From any state.
Slavery, Human Trafficking, and Illegal Migration
- Permission Permit: Immigrant smuggling, even if it is often done in dangerous or degrading conditions, has a permit. On the other hand, victims of trafficking have never been approved or initially approved; this was rendered meaningless by coercive, deceptive or abusive acts by traffickers.
- Exploitation: Smuggling involves the exploitation of the victim while smuggling ends when immigrants arrive at their destination.
- Transnational: Smuggling is always transnational, but it may not be smuggling. Human trafficking can take place regardless of whether or not the victims are taken to another state.
- N Source of Profit: Profits in smuggling cases stem from exploitation, in order to facilitate illegal entry or to facilitate the stay of one person in another region.
Small Arms and Weapons of Mass Destruction (WMD)
The 2015 Small Arms Survey added more than eight million small arms designed to be used by individuals or small groups to the global market; this predicts that global trade in illegal small arms is close to $ 2 billion per year.24 Illegal small arms and light weapons The market is changing security weaknesses, particularly in container ships. Unlike drug smuggling, gun smuggling is more consolidated and diverse. It also generates significantly less revenue for smugglers than cocaine shipments.
The Convention defines a place among only certain species that affect maritime security, but there are many types of criminal acts that affect safety and security from high seas to inland waters. Local law must be symbiotic under international law, and collaborative partnerships between States, law enforcement agencies and militants to combat illegal activities must transcend political harassment that imposes more restrictive legal regimes. Information and intelligence sharing, new TTPs (tactics, techniques and procedures), and the unusual use of existing technologies can help marine and coastal protection to ensure the freedom of the seas. In closing, the Convention provides a strong framework and multilateral efforts to prevent and prevent criminal activity in all maritime zones will provide a safer and safer working environment for all. However, whether or not piracy or involvement in human trafficking, repeated difficulties in successfully prosecuting and punishing unfair people reminds us that much remains to be done.
European Maritime Law Organisation
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