Maritime Law Enforcement Research Articles

Law enforcement or use of force: The legal nature of activities conducted by CCG and JCG in the disputed waters

In recent years, China and Japan have been engaged in persistent maritime law enforcement competition in the waters surrounding Diaoyu Islands. There is a profound concern that the recent enhancement of their respective coast guards’ capabilities and mission scopes, coupled with a lack of mutual trust, may give rise to mutual misinterpretation of intentions. Such misjudgment has the potential to initiate a sequence of escalating reactions, ultimately culminating in armed conflict. The crucial factor in preventing this domino effect is the rational evaluation of the nature of maritime law enforcement operations conducted by both parties within the contested waters. Providing relatively objective evaluation criteria for these assessments is a critical role that international law can fulfill at this juncture. International judicial precedents have articulated a set of principles governing maritime law enforcement activities. Notably, the Guyana/Suriname case and the Detention of Three Ukrainian Naval Vessels case offered significant insights into the limitations on law enforcement operations in disputed maritime areas. Concurrently, both China and Japan have developed relatively comprehensive legal frameworks pertaining to the law enforcement activities of their respective coast guards. A better understanding of each other’s domestic legal regulations would also aid both China and Japan in avoiding misinterpretations of each other’s intentions. Indeed, through a comprehensive synthesis of the perspectives offered by international judicial bodies and a systematic analysis of each party’s domestic legal frameworks, this paper argues that, at least currently, neither party has exhibited intentions or actions that exceed the bounds of maritime law enforcement.

Fisheries law enforcement in the yellow sea by Chinese coast guard agencies: Legal sources, core issues and dispute settlement

As an important aspect of maritime law enforcement, fisheries law enforcement is no longer solely within the sovereignty of coastal states. Instead, it has become a complex issue of domestic and international law, especially in disputed waters. This essay focuses on the Yellow Sea area, first sorting out the legal sources of fisheries law enforcement by Chinese Coast Guard Agencies, and then discussing core issues closely related to fisheries law enforcement in the region, including the definition of Chinese jurisdictional waters, the right to use weapons by authorized agencies, and administrative procedures for fisheries law enforcement. Meanwhile, this essay considers alternative options and potential pathways on both domestic and international levels, through which China and South Korea might settle their disputes arising from fisheries law enforcement activities. On this basis, a regional cooperation framework is argued to be established to eliminate differences, reach consensus, and promote peaceful, harmonious, and effective fisheries law enforcement activities between the two states.

On the legal issues of the Shiprider Program

As an essential tool for the United States to pursue its maritime interests, the Shiprider Program has become the legal basis for the United States to carry out global comprehensive maritime law enforcement cooperation. However, the United States Coast Guard (hereafter USCG) has over-expanded its maritime jurisdiction by breaking through the limitations of the United Nations Convention on the Law of the Sea (hereinafter UNCLOS) in its law enforcement activities. The USCG’ activities in the South China Sea may jeopardize other countries’ maritime rights and interests and homeland security, aggravating the maritime disputes in those regions. Therefore, this paper proposes to clarify the applicable law and improve the responsibility mechanism for the Shiprider Program to ensure that the activities of the USCG are in line with the corresponding provisions of the UNCLOS.

Peacetime Maritime Law Enforcement by Warships

ABSTRACT The scope and methods of maritime law enforcement by warships in peacetime are evolving, triggering international armed conflicts. A core issue is how to distinguish between law enforcement activities and military operations at sea. The construction of an international law regime for peacetime maritime law enforcement by warships will help to reduce the incidence of armed conflicts. This is consistent with the need for a strict interpretation of the principle of prohibiting the threat or use of force under the United Nations Charter. Based on the principles of prohibiting the use of force, the peaceful use of the seas and considerations of good faith, it is possible to establish a stable international legal system for maritime law enforcement by warships. The system would be based on the United Nations Convention on the Law of the Sea (UNCLOS) and would operate primarily through implementing agreements as its main model.

Maritime law enforcement concerning offshore energy platforms: Navigating international law constraints and challenges

Offshore energy platforms (OEPs) serve as a crucial frontier in utilizing renewable energy sources to meet energy demands, powering essential maritime operations such as remote island power supply, offshore oil and gas exploration, seawater desalination, and marine renewable energy harvesting. However, the development of OEPs raises significant legal concerns for maritime law enforcement. Employing a policy analysis approach, this research delves into the multifaceted challenges faced by the current international legal framework in regulating enforcement activities pertaining to OEPs. These challenges encompass ambiguity in OEP legal status, difficulties in balancing safety measures with diverse maritime interests, obstacles in environmental assessment and enforcement, and heightened enforcement challenges in areas beyond national jurisdiction. The study explores potential strategies for resolution and collaboration on an international scale. Through this investigation, the study aims to provide valuable insights to promote greater clarity and coherence in maritime law enforcement practices concerning OEPs, thereby enhancing safety, security, and environmental sustainability for OEP operations in maritime environments globally.

Innovative strategies and forward thinking on China’s digital maritime law enforcement

In the digital era, the limitations of traditional maritime law enforcement models have become apparent. China actively promotes digital maritime law enforcement and has conducted thorough exploration across policy, technology, and legal domains. The primary legal foundation is the Coast Guard Law, bolstered by policy initiatives like the “21st Century Maritime Silk Road”, the “Maritime Community with a Shared Future” strategy, and the “Technology Empowers the Marine” plan. By coupling law and technology, China’s digital maritime law enforcement has innovatively established a three-dimensional enforcement model of “online + offline” at sea. It utilizes artificial intelligence to assist in maritime law enforcement decision-making, employs big data sharing for collaborative maritime law enforcement, and advances maritime compliance enforcement by digital technology. Through case analysis and effectiveness assessment, China’s digital maritime law enforcement has yielded significant results. Nonetheless, it also encounters various challenges, including data privacy infringement, cybersecurity attacks, the legitimacy of digital evidence collection, and data sharing barriers. Therefore, at the institutional level, standardizing digital maritime law enforcement procedures and establishing both horizontal and vertical coordination mechanisms are imperative. At the technical level, introducing privacy protection technologies and increasing investment in network security technologies are necessary. At the conceptual level, China should adhere to data ethics principles and strengthen awareness of open data sharing. The future of the oceans is digital, and China should advance the modernization of national maritime governance through digital maritime law enforcement.

Urgensi Penyatuan Lembaga Penegak Hukum di Laut Indonesia

In its efforts to enforce law at sea, Indonesia has 13 law enforcement agencies at sea. Six of these institutions have maritime patrol task forces. The number of law enforcement agencies in Indonesian seas is considered negative by several parties because of the potential for the authority of each agency to overlap. This research aims to find out what the condition of maritime law enforcement agencies in Indonesia is and what are the considerations for unifying maritime law enforcement agencies in Indonesia. This research is normative research related to maritime law enforcement agencies in Indonesia. There are at least 13 law enforcement agencies in Indonesian seas. The unification of maritime law enforcement agencies in Indonesia is necessary because unclear roles and authority, as well as a lack of coordination between agencies, have resulted in ineffectiveness in law enforcement and maritime security management. Indonesia needs unification of authority to strengthen all security, safety and maritime law enforcement functions in Indonesia

China's Legal Governance Approaches toward Safeguarding Its Maritime Rights and Interests

Ocean development is crucial for modern states, and the importance of safeguarding and developing ocean rights and interests is becoming increasingly apparent. Economic development relies on the ocean, as does national sovereignty, security, and interests. In addition, national political and military development also depends on the ocean. China has long been committed to safeguarding its own ocean rights and interests, while also actively promoting the development of the international legal order for the ocean. In terms of international legislation, the United Nations Convention on the Law of the Sea provides a legal basis for safeguarding ocean rights and interests and plays a regulatory role in the maintenance of maritime rights and interests for all states. In terms of domestic legislation, many ocean laws in China play an important role in safeguarding China's maritime security and ocean rights and interests. As an important part of the legal system for safeguarding ocean rights and interests, maritime law enforcement has practical significance in the application of national jurisdiction at sea. China's maritime law enforcement, centered on safeguarding ocean rights and interests, is carried out by the reorganized China Coast Guard, guided by domestic and international legal norms, and strictly combats illegal and criminal activities at sea through international cooperation to protect the sustainable development of marine resources and environment and to safeguard international maritime public security and order while guaranteeing ocean rights and interests. In terms of judicial practice, China has already used legal means to effectively safeguard ocean rights and interests in the areas of marine environmental protection, maritime rights protection, fisheries law enforcement, and maritime traffic safety.

Competencies of Philippine Coast Guard Personnel in the Enforcement of Criminal Laws

This study shows a comprehensive evaluation of the Philippine Coast Guard (PCG) personnel's competencies in enforcing maritime criminal laws. Anchored in the context of the Philippines' complex maritime environment, the research highlighted the pivotal role of the PCG in safeguarding maritime security, safety, and environmental protection through effective law enforcement. Employing mixed methods, the study used interviews and survey questionnaire among PCG personnel. The findings revealed significant gaps in knowledge and skills among PCG personnel, particularly in the application of specific criminal laws and procedures relevant to maritime law enforcement. It was observed that while personnel possessed basic knowledge of laws, there were inconsistencies in their ability to apply this knowledge effectively during law enforcement operations. Additionally, the study identified a strong correlation between the level of education, training, and the competency levels of the respondents, suggesting that continuous professional development and targeted training programs are crucial for enhancing the PCG’s operational effectiveness. The study underscored the need for a structured and comprehensive training program tailored to address the identified competency gaps. The program is essential for enhancing capabilities for maritime criminal laws enforcement. The research advocated for the integration of theoretical knowledge with practical application through continuous education and training, emphasizing the importance of developing a skilled workforce capable of adapting to the challenges of maritime law enforcement. The findings serve as a strategic guide for the PCG to enhance personnel management, operational efficiency, and stakeholder trust, ultimately contributing to the nation's maritime security framework.

A confidentiality preserved data sharing framework for decision support in the maritime law enforcement

Effective Maritime Law Enforcement (MLE) requires a responsive and high-quality decision-making support system, which typically relies on a wide collection of maritime intelligence from various entities. However, data-sharing among these entities encounters challenges arising from confidentiality concerns and security laws. This paper proposes a technical data-sharing framework to address this issue by introducing the use of homomorphic encryption. This method enables data-sharing while preserving the confidentiality of sensitive information. To validate the feasibility of the proposed framework, a practical evaluation is conducted. This evaluation offers evidence and supporting data to demonstrate the effectiveness and practicality of the suggested approach.

On the Protection of Civil Rights in Maritime Law Enforcement

On the Protection of Civil Rights in Maritime Law Enforcement

Implementasi Kebijakan Penanganan dan Penanggulangan Kegiatan Penangkapan Ikan yang Merusak (Destructive Fishing) di Indonesia

Destructive fishing activities are a threat to the sustainability of fishery resources and harm fish stocks as well as environmental ecosystems. Comprehensive regulations are needed to cope with destructive fishing and ensure the regulations will be implemented well and appropriately. Using a qualitative approach, this study aims to scrutinize the implementation of policies issued by the central government in the regions, including laws and other national regulations related to coping with destructive fishing. North Maluku Province is the focus of the study to identify the implementation of national regulations in the region. In addition, this study also identifies the roles of maritime law enforcement agencies involved in efforts to supervise and implement national policies related to overcoming and preventing destructive fishing. The results reveal that existing laws are insufficient to cope with the destructive fishing criminal act. So far, eight actors have roles in the prevention and coping of destructive fishing activities, consisting of elements of maritime law enforcement agencies such as the Police, Indonesian Navy, Indonesian Coast Guard, and Directorate General of PSDKP, as well as civil or community elements such as the PWP3K Special Police, Forestry Police, Department of Marine Affairs and Fisheries, and Monitoring Community Supervisory Groups (Pokmaswas). Keywords: destructive fishing, Law, Maritime Law Agency, Gap

Controversies and amendment proposals on the China Coast Guard Law

The China Coast Guard Law (CCGL) is legislation around the China Coast Guard (CCG). Its purpose is to regulate and guarantee the fulfilment of the CCG’s duties, addressing the lack of systematic regulation of the CCG’s rights protection and law enforcement. The CCG possesses administrative, military, and judicial attributes. Its function is to safeguard China’s legitimate maritime rights and interests, promote the construction of a regional harmonious and symbiotic maritime order, and contribute to the establishment of a global just and civilized maritime order. The formulation and implementation of the CCGL have faced challenges. Disputes over its application have mainly centred on four aspects: the definition of jurisdictional marine areas, types of law enforcement, immunity for warships and government ships, and the use of force. The enactment of the CCGL strictly adhered to China’s legislative procedures, and the content of its provisions aligns with the requirements of international law. However, there are deficiencies in the CCGL, necessitating the refinement of rules on the use of force, clarification of criteria for determining infringement by foreign warships and government ships, distinction between the principles of law enforcement in different maritime areas, and the establishment of a mechanism for the settlement of disputes over maritime law enforcement and maintenance of rights.

Ocean governance in practice: A study of the application of marine science and technology research techniques to maritime law enforcement in Taiwan

The research looks into the relationship between technology, international law, and marine policy in Taiwan, specifically looking at how these three factors interact to influence the way the maritime environment is monitored, understood, and regulated. The research explores how cutting-edge innovation has improved sustainable marine resource management by reshaping data collecting, analysis, and decision-making via a comprehensive literature review and case studies focused on Taiwan. The impact of international law, and UNCLOS in particular, on the standards and technologies used in marine resource management is a significant topic covered in the paper. Q&A sessions with experts in maritime policy, technology, and international law provide a qualitative analysis of the current state of marine affairs in Taiwan. The research shows that technology has revolutionized the way Taiwan oversees and monitors its marine environment. More effective and cooperative ocean governance has resulted from the rise of evidence-based decision-making made possible by technological advancements. An example of the regulatory impact of international law is UNCLOS, which sets standards for the sustainable management of marine resources and directs the use of technology. In spite of geopolitical obstacles, Taiwan is well-positioned for successful marine conservation and sustainable resource use thanks to its all-encompassing approach, which is based on continuing conversations and partnerships and is in line with worldwide technological advances and changing regulatory frameworks. This study highlights the interconnected nature of technology, international law, and marine policy, and how these factors influence Taiwan's strategy for preserving marine resources for the future.

Legal or illegal? —Transferring jurisdiction in the course of maritime law enforcement

In order to safeguard China's existing interests and position in the South China Sea and to protect the peace and stability of the South China Sea region, the article examines the current status of the U.S. Coast Guard's activities in the South China Sea region. Using the method of the literature research and comparative research, it analyses the legal basis of the U.S. Coast Guard's activities in the South China Sea as well as the legality of law enforcement in the disputed waters through “Shiprider Agreement”. This paper argues that the U.S. Coast Guard will further strengthen its presence in the South China Sea by signing a “Shiprider Agreement” with Vietnam and other South China Sea coastal states in order to gain jurisdiction over the so-called “exclusive economic zone” and carry out fisheries enforcement activities. Generally speaking, a country can transfer part of its sovereign rights to an organization or another country in a cooperative relationship in order to maximize its national interests. The United States unilaterally regarded the disputed waters in the South China Sea as “a country's exclusive economic zone” and acquired jurisdiction through the “Shiprider Agreement” in violation of international custom and the rules of international law. In light of the potential U.S. actions in the South China Sea, it is recommended that China sign bilateral treaties with all parties in the South China Sea to facilitate cooperation, and strengthen the means of support of the Coast Guard Law in order to safeguard China's existing interests and positions in the South China Sea and maintain peace and stability in the region.

Technology and maritime security in Africa: Opportunities and challenges in Gulf of Guinea

Maritime security threats undermine safety and security at sea and, in turn, coastal states’ efforts to harness the resources in their maritime domain. This assertion is true for coastal states and Small Island Developing States (SIDS) on the African continent, where limited maritime enforcement capabilities have increased security threats at sea, such as illegal, unreported and unregulated fishing, piracy and armed robbery at sea, toxic waste dumping and other illicit activities. African navies and their foreign partners are taking advantage of the opportunities that technology provides to improve safety and security. Technology has led to the identification of criminals at sea, their capture and prosecution, making it crucial in enhancing maritime security. As such, the merits of its use for maritime security are undeniable. However, using technology comes with challenges that need to be considered. With this in mind, our research makes an original contribution by exploring the opportunities for using technology to advance maritime safety and security in Africa, successes and challenges with an emphasis on the Gulf of Guinea region. Drawing from questionnaire data from maritime law enforcement personnel, agencies supporting the implementation of the Yaoundé Code of Conduct (2013), and a review of relevant literature and policy documents, we contend that technology has significantly improved maritime domain awareness and the effective implementation of maritime safety and security in the Gulf of Guinea. However, addressing existing limitations and enhancing human capacity is imperative to sustain this progress.

Ship Security Rules in China’s Maritime Traffic Safety Law: Increased Legal Flexibility in Maritime Security Measures and Potential Problems

Abstract China recently amended its Maritime Traffic Safety Law (MTSL2021) and has introduced a series of stipulations concerning ship security. In these ship security rules, flexibility has been maintained in the decision to adopt maritime security measures in cases when ship operators and Chinese maritime authorities face maritime security threats. This research examines the ship security rules in MTSL2021, analyses how the rules’ ambiguities could provide flexibility as well as uncertainties in practical implementation, and explores how they may affect the law’s institutional coordination with other domestic laws and regulations as well as China’s maritime law enforcement coordination with other countries.

Problems and Solutions of Effective Maritime Law Enforcement from National and Individual Perspective

This essay will focus on why has the regulation of the ocean not been successful using the case of Indonesia and China. This essay will also prove that numerous new international legal regulations to protect the marine environment are failing because they lack adequate enforcement mechanisms to change state and individual behaviour

Maritime Patrol Collaboration with Indonesian Maritime Law Enforcement Agencies

With so many agencies patrolling separately, the patrol becomes ineffective and inefficient. Each agency needs a budget and conducts repeated ship inspections. The expected condition is when all agencies can collaborate in carrying out patrols. Researchers used qualitative methods with exploratory designs. Interviews were conducted with informants from Bakamla, TNI AL, Polair, Bea Cukai, PSDKP, and KPLP. The results of the research show that collaboration is needed to combine various elements of patrols from various authorities in the sea. Researchers suggest collaboration between agencies with joint base assets and create a ship inspection information system in real-time.

Rise of Constabulary Maritime Agencies in Southeast Asia: Vietnam’s Paragunboat Diplomacy in the North Natuna Seas

The rising tensions in disputed waters in Southeast Asia have caused policymakers to diverge their maritime diplomatic strategy to include maritime constabulary forces. The use of coastguards and other non-military vessels are an emerging trend in the maritime diplomatic strategy of Southeast Asian states, including in the high-profile case of the North Natuna Seas, to which scholars pay little attention. This article contends that (1) contemporary maritime diplomacy in Southeast Asia positions the utilization of maritime constabulary forces (coastguards, maritime law enforcement agencies) as its primary maritime diplomatic strategy; (2) Vietnam’s coercive turn in its maritime disputed areas was a deliberate attempt to balance a coercive-cooperative stance against Indonesia in the North Natuna Seas, following its traditional coercive maritime diplomatic stance against China, and; (3) Vietnam’s utilization of maritime constabulary forces as a measure to solidify its sovereign claims coincided with the benefits of tactical military flexibility and non-escalatory means to achieve its aims in the Natuna Seas. This empirical explanatory research delves into the development of Vietnam’s coastguards and maritime law enforcement agencies by interpreting the secondary data from the Indonesia Ocean Justice Initiative between 2021–2022 on cases relating to suspicious maneuvers conducted by the Vietnamese Fisheries Resource Surveillance vessels safeguarding the conduct of Vietnamese IUUF.