The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area 2003 (Caribbean Area Agreement), Articles 8—10. Text available in William C.
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... Europe Agreement),97 The 2003 Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area (hereafter the 2003 Caribbean Agreement),98 and ...
215 Efthymios Papastavridis, The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans (Oxford, Hart Publishing, 2013) 23. 5.4.1 Right to visit and search – policing In peacetime, ...
On this point, the EU Sea External Borders Regulation provides that 'on the high seas, where there are reasonable grounds to ... On the legal regime of interception of vessels on the high seas, see E. Papastavridis, The Interception of ...
Indeed, as Guilfoyle notes, the key aspect of the exclusive flag State concept lies in the limitations on enforcement by foreign government vessels while on the high seas. He concludes that the “high seas are a commons into which all ...
103 Guilfoyle, n 23, ch 8; E Papastavridis, The Interception of Vessels on the High Seas (Hart Oxford 2013) ch 8. The consequences of statelessness, however, are unclear. Treaty law is. 104 See generally V Moreno-Lax, 'Seeking, ...
To intercept vessels on the high seas without permission of the flag state, this default rule must be displaced by an exception provided under international law. Exceptions can be found under two normative frameworks of international ...
The second theme is the incomplete nature of many high seas enforcement regimes. ... In sum, The Interception of Vessels on the High Seas is a useful scholarly addition to the maritime security literature, even if some aspects of its ...
HIGH SEAS Aqorau, Transform. Reshaping international fisheries development: assimilating the treaty on fisheries between the governments of Certain Pacific Island States and the United States under the PNA Vessel Day Scheme (VDS).