Doctrines of the Self-Defence on the High Seas under Law of the Sea

Abstract

Abstract This article assesses the current legal status of the doctrine of self-defence on the high seas in light of its theoretical and historical development. It examines the parameters of the self-defence doctrine when the intervention against a foreign vessel does not violate the Charter of the United Nations (the UN Charter) Article 2(4), and the situation does not trigger Article 51 because there is no armed attack. It traces the development of the doctrines from the mid-19th century to the UN Charter and the First Conference on the United Nations on the Law of the Sea of 1958. It points out that the normative significance of the flag state principle and the grounds of the shipping interception on the high seas were inconsistent. It explores the various basis of maritime interdiction and the scholarly arguments that denied such measures in light of the freedom of the high seas. Then, it examines the codification process of the Convention on the High Seas and Convention on the Territorial Sea and Contiguous Zone. The research shows that the Caroline Test is consistent with the principle of the freedom of the high seas. The development after the UN Charter did not alter this standard both in the context of the measures against vessels supporting domestic insurgents and the anti-terrorism maritime interdiction.