Addressing security threats on the high seas : what of flag state exclusivity?

Abstract

The concept of maritime security has today expanded to include resource and environmental security as well as security against maritime crimes. This has placed an increased demand on the enforcement capacity of States and constitutes a challenge which most States, especially developing and small Island States, have not been able to meet by themselves.'' These words, spoken more than a decade ago by the UN Secretary General, resonate with even more force today. Indeed, the concept of maritime security has expanded significantly to include: the continuing problem of transnational organized crime committed at sea, including illicit traffic in narcotic drugs and psychotropic substances, the smuggling of migrants and trafficking in persons, and threats to maritime safety and security, including piracy, armed robbery at sea, smuggling and terrorist acts against shipping, offshore installations and other maritime interests, and noting the deplorable loss of life and adverse impact on international trade, energy security and the global economy resulting from such activities. Insofar as criminal activity is concerned, all threats to maritime security share one significant feature in common: the transnational link. This feature is an unintended consequence of the compression of time and distance due to the rapid development of information technologies. Thus, while criminal syndicates are able to operate within the global village, crossing borders with considerable ease, the majority of legislative instruments and resources employed to fight such crimes are limited by State boundaries. In such a scenario, States endeavour to resort to extraterritorial principles of jurisdiction to protect their interests abroad.