Abstract
Beyond missions mandated by resolutions of the United Nations Security Council, the international law (of the sea) strictly limits the boarding of civilian vessels on the High Seas, even in cases of suspected transport of weapons or persons in support of international terrorism. This note surveys the scope of flag states’ sovereign rights exclusivity and looks into key legal authorisations provided by the international law (of the sea). Where more than a mere ‘friendly approach’ based on master’s consent is considered, measures that would constitute enforcement jurisdiction require prior flag state consent. Obtaining such consent in due time has proven to be difficult. However, most recent United Nations Security Council proceedings allow action under certain provisions when the flag state fails to give its consent, thus re-balancing the primacy of flag state sovereignty in favor of a more effective enforcement of maritime security issues.
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