Maritime Security Regimes
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Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security in territorial waters and on the high seas. One of the best known Maritime Security Regimes is the United Nations Convention on the Law of the Sea, or UNCLOS. Yet this is only one of many regimes, or sets of rules, laws, codes and conventions that have been created to regulate the activities of private, commercial and military users of our seas and oceans. Many maritime regimes, such as UNCLOS have been created through the United Nations, International Maritime Organisation (IMO) in consultation with its member states, and refer to navigation, resource allocation and ownership, prevention of pollution and environmental protection.
Where maritime security regimes can differ from other maritime regimes, is that they are created to enable effective policing beyond the jurisdictional constraints of the territorial sea, which ranges from 3 nautical miles (5.6 km) to 12 nautical miles (22 km) from the high water mark of a coastal state (see UNCLOS).
Complications arise when authorities such as a navy, coast guard, coast watch, maritime police force, or other agency wishes to intercept (or 'interdict') vessels suspected of carrying out illegal activities, such as piracy against ships, smuggling or there is potential for an act of terrorism. If a suspect vessel is registered, or 'flagged', with a state other than the state of the pursuing authorities, then in most cases the pursuing authorities must gain the permission of the 'flag' state prior to boarding. If the suspect vessel crosses into the territorial waters of another state, possibly a third state, which is not the home state of the pursuing authorities, then permission must be sought from the territorial state prior to intercepting or boarding.
However, if a prior agreement has been arranged with one or more coastal states, then this can simplify and speed up the process and can make the difference between suspects being detained or not. If several states within a maritime region (such as the Caribbean Sea or Southeast Asia) can come to agreement on pursuit and boarding of suspect vessels, then this will reduce time that must otherwise be spent seeking permission.
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[edit] Maritime Security Regime Theory
While there is a broad school of thought and considerable academic literature on 'regimes'(see Regime theory), less is known about Maritime Security Regimes as an academic field, or set of theories in its own right. Another related area that requires further research is Regional Maritime Security Regimes, for while there do exist international regimes such as UNCLOS (1988), SUA (1988), ISPS code (2004) there is a trend toward regionalism in maritime security, and exclusion of a strong hegemony to administer it. An example of a working regional maritime agreement is the Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area (CRA), which arose out of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).
[edit] History
Maritime Security in commercial and military fields has been a prime purpose for Naval presence in areas with high shipping traffic but low levels of policing. Notable areas have historically included the Caribbean Sea, West Coast of Africa, Horn of Africa, South China Sea and Southeast Asia's Strait of Malacca. Security Regimes were developed during the Cold War, with the SALT I and SALT II, although maritime regimes have been under development since colonial powers sought to protect resources and trade routes from South and Southeast Asia to Europe. Academic literature on Maritime Security Regimes is minimal, particularly relating to regional maritime policing, agreements and cooperation suggesting a prime area for further research.
[edit] Agreements, Codes, Conventions and Treaties
- SUA - Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988)
- UNCLOS - United Nations Convention on the Law of the Sea (1988/92)
- ISPS - International Shipping and Port Security code (see: Proliferation Security Initiative PSI)
[edit] See also:
- International regime
- International relations
- Malaysian Maritime Enforcement Agency
- Maritime Security (USCG)
- Piracy
- Police Coast Guard
- Regime
- Regime theory
- Shipping
- Terrorism
- United Nations Convention on the Law of the Sea
[edit] External Links
- IMO Anti-Piracy & RECAAP [1]
- Maritime Terrorism Research Center