International legal regimes to suppress illicit trafficking on the high seas : persons, drugs and arms

Abstract

The illicit trafficking of persons, drugs and arms at sea have been identified as major threats to maritime security. Therefore, the international community had to respond to such threats by international instruments which aim to suppress these threats. The paramount legal instrument which must be examined is undoubtedly the United Nations Convention on the Law of the Sea which addresses some of the threats in a direct manner and others in a less direct manner or not at all. This highlights the importance of enactment of other international instruments which either supplement this Convention or other Conventions such as the United Nations Convention against Transnational Organised Crime, or are completely independent of both. The fact that these crimes are on the rise, draws much needed attention on the increased need to improve maritime security. The scope of this dissertation is to analyse the different international instruments aimed at suppressing the illicit trafficking of persons, drugs and arms on the high seas and whether such instruments are sufficient in their function. This analysis highlights the importance of cooperation between States which cannot be overlooked. It is an essential tool towards combatting the illicit trafficking of person, drugs and arms on the high seas. The analysis also sheds light on the fact that the United Nations Convention on the Law of the Sea is deemed insufficient in combatting these threats since it relies too heavily on flag State jurisdiction and therefore other instruments must be regarded.