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  • 1
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    Chapter 13 Human Rights and Law Enforcement at Sea (2024)
    Taylor & Francis | Routledge
    Details
    Publication Date: 2024-04-05
    Description: This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general.
    Keywords: Maritime Law Enforcement,Maritime Security,UNCLOS Negotiation,SUA,Suppression Conventions,Human Rights,Law Enforcement Operation,Counter-piracy Missions,Maritime Security Framework,UN,Transnational Crime,Maritime Environment,Enforcement Measures,Unimpeded Navigation,UNCLOS Provision,Counter-piracy Operations,Piracy Suspects,IHRL Instrument,Violated,ECHR,Maritime Domain,Maritime Dimension,Confer,Hirsi Jamaa,Single Guild ; thema EDItEUR::N History and Archaeology::NH History::NHW Military history ; thema EDItEUR::J Society and Social Sciences::JW Warfare and defence::JWC Military forces and sectors::JWCK Naval forces and warfare ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations ; thema EDItEUR::J Society and Social Sciences::JW Warfare and defence ; thema EDItEUR::J Society and Social Sciences::JK Social services and welfare, criminology::JKS Social welfare and social services::JKSW Emergency services::JKSW1 Police and security services ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms
    Language: English
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  • 2
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    Chapter 3 Autonomous offender ships and international maritime security law (2024)
    Taylor & Francis | Autonomous Ships and the Law | Routledge
    Details
    Publication Date: 2024-01-30
    Description: Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago, the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic, the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years, autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However, the regulatory discussion is still in its infancy, and while many new questions have been raised, few answers have been provided to them to date.　 Increased automation of tasks that have traditionally been undertaken by ships' crews raises interesting legal questions across the whole spectrum of maritime law.　The first of its kind, this book explores the issue of autonomous ships from a wide range of legal perspectives, including　both　private law and　public law　at international and national level,　making available cutting-edge research which will be of significant interest to researchers in maritime law.
    Keywords: Autonomous offender ships,maritime security law,SUA Convention,Autonomous Ships,Offender Ships,UNCLOS Article,Victim Ship,Remote Crew,Maritime Security,Houthi Rebels,System’s Independence,Autonomous Offender,Ship Automation,Harvard Draft Convention,ECDIS,Piracy Suspects,Maritime Crimes,SUA,Domestic Criminal Prosecutions,Explosive Laden Boats,IMO Instrument,Adjudicative Jurisdiction,EEZ,Pirate Ship,Piracy Provision,Terrorist Intent,Suppression Conventions ; bic Book Industry Communication::L Law::LA Jurisprudence & general issues ; bic Book Industry Communication::L Law::LB International law::LBD International law of transport, communications & commerce::LBDM International maritime law ; bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNP Financial law::LNPD Capital markets & securities law & regulation
    Language: English
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  • 3
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    Chapter 5: The commission of maritime crimes with unmanned systems: an interpretive challenge for the United Nations Convention on the Law of the Sea (2023)
    Edward Elgar Publishing | Edward Elgar Publishing
    Details
    Publication Date: 2023-12-08
    Description: Over the past decade, two important developments relevant for international maritime security law have taken place: first, the security landscape at sea has changed considerably, with transnational crimes now ranking high on the list of maritime security threats; second, the ‘robotics revolution’ has reached the sea with the advent of unmanned vehicles. Combined, these developments have led to increased reliance by non-State actors on unmanned systems when committing criminal offences at sea. The use of unmanned systems does not imply that there is no human involvement in the commission of maritime crimes but its nature changes: the offender’s involvement is remote rather than proximate in terms of both geography and time. This shift from proximate to remote human involvement shakes the foundation of the provisions of the United Nations Convention on the Law of the Sea (LOSC) relating to crimes at sea, which rest on an assumption of proximity, that is, that the perpetrator is on board the offending craft and in the vicinity of where the harmful act unfolds. This raises the question whether LOSC is capable of accommodating the turn to this transformative technology. It is against this backdrop that this chapter looks at the various mechanisms intended to keep LOSC abreast of change. It concludes that whilst the prevailing strategy – evolutionary interpretation – is generally a suitable method to keep the Convention in tune with the times, this approach is inappropriate for provisions of LOSC relating to the suppression of maritime crime. It is submitted that these provisions, which result from a conjunction between the law of the sea and (transnational) criminal law, must rather be subject to a ‘rule of law’-based interpretation. This, however, considerably curtails the available interpretive space and the possibility of accommodating the ‘robotics revolution’ at sea within Part VII of LOSC.
    Description: Published
    Keywords: Unmanned ships, autonomous ships, United Nations Convention on the Law of the Sea, interpretation, living instrument, ‘Constitution of the Oceans’ ; LBDM
    Language: English
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  • 4
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    Human Rights and Law Enforcement at Sea (2023)
    Brill | Nijhoff
    Details
    Publication Date: 2023-11-17
    Description: Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. An unprecedented number of national and multinational missions have been deployed to counter the phenomenon of piracy off the coast of Somalia and in the region. Their mandate includes the arrest, detention and transfer for prosecution of piracy suspects. The book at hand examines the procedures pertinent to the decision whether to release piracy suspects, prosecute them in the seizing State or transfer them to a third State, and the detention regime pending such decisions. The study provides a critical analysis of the compatibility of these procedures with international law, first and foremost human rights law. Using piracy as an example, it demonstrates that the characteristics of national and multinational law enforcement at sea may lead to a deviation from certain human rights standards – standards that the States in question readily accept and apply in their land-based, territorial law enforcement operations. At the centre of the analysis are two unique case studies, which provide insight into the arrest, detention and transfer procedures in both a multinational context and a purely interstate setting. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.
    Keywords: maritime law enforcement ; transnational crime ; piracy ; counter-piracy ; international human rights standards ; bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBK Law of the sea ; bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBR International human rights law
    Language: English
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