Maritime security : port control and regulating stowaways

Abstract

In recent years, the issue of Maritime Security has become a major concern on the international maritime agenda. One of the most sought‐after issues is the approach applied in managing maritime security effectively and efficiently, without disturbing the maritime trade industry. As yet, there has been no international consensus over defining ‘maritime security’, however in general terms it is regarded as ‘the stability of the oceans subject to the rule of law’. There are many threats posed towards maritime security, ranging from environmental issues to piracy. One such example is the problem posed by Stowaways, which has been a recurring concern for the international community over the last decade. Stowaways can create a major threat to maritime security in general, however they pose an even greater danger specifically on the shipping industry. The immediate task with respect to stowaways consists in providing initial protection through their admission into the territory of a State, where their status is duly determined. Obtaining agreement by States as to where a stowaway should disembark is, however, no simple task. A typical stowaway incident can involve numerous States. As a result of disagreement between States, so‐called orbit situations are created at the expense of the stowaway. The principle of non‐refoulement against forcible return to the country, which the stowaway left, will be carefully discussed in this regard, in light of the individual’s human rights.