Maritime security : threats and international law responses

Abstract

This thesis focuses on major Maritime Security threats and international law responses from an international law perspective. There is no single definition of maritime security but it is taken to have a context specific meaning. As recognized by the UN Secretary-General, a useful approach has been to identify the threats to maritime security and how these may be addressed. All States have an interest in shipping and repercussions to breaches in security have a global effect, necessitating a comprehensive international response. Piracy and Armed Robbery at Sea are of great concern due to an increase in boldness of attacks. The lacunae in the UNCLOS piracy regime limit its effectiveness in suppressing this threat. The IMO, the UN Security Council, together with various efforts of regional cooperation and the use of privately armed security guards have all assisted in responding to this. Maritime Terrorism and Trafficking in Arms have alarmed the international community. In recognition of the lacuna brought to light in the Achille Lauro incident, the 1988 SUA Convention was developed and subsequently amended by the 2005 Protocol, extending it to include numerous offences including WMD. Other initiatives namely the ISPS Code, the PSI and the CSI were created to suppress these threats. Migrant Smuggling by Sea is also of paramount importance. Its absence in UNCLOS led to the development of the 2000 Migrant Smuggling Protocol as well as various IMO responses to attempt to address this problem. Drug Trafficking by Sea is also of great concern to the international community. This has led to the development of a comprehensive web of interlinking Conventions, with assistance from the IMO and various regional counter drug arrangements, all aimed at suppressing this threat. The international community’s responses have therefore been diverse, effective and efficient in suppressing these maritime security threats.