Maritime Law Enforcement Research Articles

Expanding the Right of Hot Pursuit: Challenges for Cooperative Maritime Law Enforcement Between the Philippines and Indonesia

Piracy and armed robbery against ships is a rising problem in the tri-border area between Indonesia, Malaysia and the Philippines. As a result, these countries have begun formal discussions on the establishment of joint patrols, and are also exploring other possible avenues for trilateral maritime security cooperation. Indonesia and the Philippines recently took their partnership one step further by affirming previous bilateral enforcement agreements and expressing willingness to exercise an “expanded” right of hot pursuit within each other’s territorial borders. In a region where sensitivities concerning sovereignty and border issues run high, such an intrusive arrangement certainly warrants closer scrutiny. At the outset, this paper critically discusses the legality of an expanded right of hot pursuit and examines whether such an arrangement is permitted under international law. From a practical perspective, this paper further discusses three key pitfalls and challenges that must be addressed in implementation: (1) whether and to what extent force can be used in the exercise of the expanded right of hot pursuit, (2) whether there are any issues pertaining to the overlapping exercise of criminal jurisdiction, and (3) whether international human rights obligations apply in extraterritorial maritime law enforcement.

The use of force in the course of maritime law enforcement operations

ABSTRACTNaval forces are increasingly involved in law enforcement operations. The level of coercion as well as the means/methods that may be legitimately used by warships in the course of police-type interventions differ substantially from the ones that may be administered in conflict-type engagements. In this respect, this article seeks to clarify the scope and contents of international law principles and rules applicable to the use of force in maritime law enforcement operations, and show how they may be applied in the current naval practice. The analysis is focused on how the criteria of unavoidability, reasonableness and necessity, as developed by the International Tribunal for the Law of the Sea, are to be interpreted according to, and complemented by, the principles and rules contained in international human rights law instruments and in the related case law (with a specific focus on the European Court of Human Rights’ case law).

Maritime Law Enforcement and the Aggravation of the South China Sea Dispute: Implications for Australia

Maritime Law Enforcement and the Aggravation of the South China Sea Dispute: Implications for Australia

MANAJEMEN BERBASIS POROS MARITIM KABINET KERJA PEMERINTAHAN JOKOWI- JUSUF KALLA

The fact shows that 70 percent wide Indonesia is the sea. In geographic regions of the Unitary State of the Republic ofmainland only around 1.9 million kilo square meters, while the sovereignty of the sea consists of 3.1 million square kilometersand sea exclusive economic zone (ZEE) 2.7 km or 70 percent ofthe area of the archipelago in the form of the sea. The numberof large and small island as much as 17.500 island. A series of the island stretches from the east to the west as far as 6,400 km and almost 2,500 km from north to south. The potential for Coordinating Minister of Maritime law enforcement authorities recently have a work program be peneguhan maritime sovereignty, resource utilization, the infrastructure development and innovation development and maritime technology. The Program stresses that the maritime must be well managed to useful to the welfare of the people. The real form of the government in the form of maritime buildingutilization of maritime zones, treat maritime area, optimize the potential of waters environment, anticipation of evil in the seaand to optimize the performance of the national marine council. Various problems in the maritime governance circumventedAnalisis Manajemen Berbasis Poros Maritim by maintaining the sovereignty of the sea, in cooperation with the state adidaya, encouraged maritime industry, and take advantage of the waters as the lifeblood of the national economy.

Authorizations for maritime law enforcement operations

AbstractAlthough there are areas of uncertainty and overlap, authorizations for maritime law enforcement operations are beholden to a different regime from that which governs the conduct of armed conflict at sea. This article seeks to briefly describe five regularly employed authorizations for maritime law enforcement operations at sea: flag State consent, agreed pre-authorization, coastal State jurisdiction, UN Security Council resolutions, and the right of visit.

Entrusting Coast Guards with Maritime Law Enforcement Powers: Lessons for Malaysia

In view of many and varied maritime threats and growing number of maritime crimes, it is necessary for States to have coast guards with maritime law enforcement powers to secure their maritime territories and protect maritime interests. Modern coast guards play a crucial role in sustaining maritime security and their operations have become more and more sophisticated. However, in the case of the Malaysian Maritime Enforcement Agency (MMEA), commonly known as the Malaysian Coast Guard, it is found that it is still struggling even after 12 years of its establishment to achieve its primary objective of becoming a single maritime law enforcement agency in Malaysia. The present study finds that there seems to be a veiled competition between the MMEA on one side and the other law enforcement bodies on the other. An analysis of the practice of coast guards of the USA, India and Japan is made to find a solution to this crucial issue revolving around Malaysia’s maritime security. The study finally concludes that the controversial section 7(3) of the MMEA Act should be amended to clearly entrusting the MMEA with, and excluding other relevant agencies from, maritime law enforcement powers in the Malaysian maritime zones. Maritime security, maritime law enforcement, coastguards, MMEA, marine police

Towards a more effective counter-drugs regime in the Indian Ocean

ABSTRACTUse of the Indian Ocean as a major drugs trafficking route – particularly for heroin originating in Afghanistan – poses a maritime security and a maritime law enforcement challenge. This article seeks to explore one dimension of this challenge – the lack of a ‘legal finish’ (such as prosecution) for the majority of drug seizures made within international waters in the Indian Ocean region. The article proposes three possible avenues towards improved outcomes: Formally combining the issues of terrorism and terrorist financing in Afghanistan with Indian Ocean heroin trafficking, in order to better leverage existing authorisations relating to the former; taking a more robust approach to asserting follow-on jurisdiction over unflagged vessels; and better utilisation of existing obligations, mechanisms and networks in order to achieve improved interdiction rates over flagged vessels.

Maritime security governance in the Indian Ocean region

ABSTRACTThis paper considers arrangements for providing maritime security in the Indian Ocean Region (IOR) at both the national and regional levels. The main requirement at the regional level is a mechanism or mechanisms for cooperation on maritime security concerns both between regional countries themselves and between these countries and the extra-regional countries that have a legitimate interest in IOR maritime security. At a national level the necessary capacity for providing maritime security includes arrangements for coordination between the various agencies involved and the operational capabilities for maritime law enforcement to provide good order at sea. The paper discusses the relative attributes of a navy or a coast guard to provide these capabilities. It concludes with ideas about how maritime security governance in the IOR might be improved.

Peculiarities of us Border Guard Officers’ Training at the Federal Law Enforcement Training Center Using Online Campus

Abstract Professional training of future US border guard officers at the Federal Law Enforcement Training Center using e-FLETC Online Campus has been substantiated in the article. Special attention has been paid to revealing such topical areas of Online Campus computer-based training modules (crime scene, driver training, drugs, firearms, health, interviewing, investigative, legal, mapping, maritime, officer safety, technology, terrorism, traffic stops, training) that include over 120 lessons and 20 videos which are available on a wide range of topics. Web-based training lessons which include topics such as counterterrorism, crime scene preservation and documentation, disaster, crisis and emergency strategies and management, domestic violence, drug endangered children, drug related crimes, elder abuse, firearms, fitness and healthy lifestyles, human trafficking, interacting with special needs populations, intelligence led policing, interpersonal skills and conflict management, interviews and interrogations, investigating technology related crimes (protecting and collecting digital evidence), investigative skills and techniques, knowledge of laws and regulations, leadership and management, lessons learned (previous case analysis), maritime law enforcement, etc. have been revealed. Besides, examples of “Firearms” and “Use of Force” curricula in e-FLETC Online Campus have been presented.

Problems and Challenges of the echr’s Extraterritorial Application to Law-Enforcement Operations at Sea

Recently the European Court of Human Rights has been challenged with questions concerning the scope of the State’s responsibility for violations of human rights that occurred on international waters. The complaints concern the international fight on illicit drug trafficking, piracy and illegal immigration. The analysed case law provides that occurrences on international waters constitute cases of extraterritorial jurisdiction and may engage responsibility of the State under the echr in the events that take place on board a vessel flying its flag (jurisdiction de iure) and in case of occurrences that happen on board foreign vessels, if the State exercises an effective control over a ship or its crew (jurisdiction de facto). Unfortunately, the Court’s findings prove difficult to follow in a few points as the judges applied the Strasboaurg standard too strictly, irrespective of the practical challenges of maritime law-enforcement operations and existing institutions of the law of the sea.

Novel off-air repeater station in Hong Kong for government departments

The unified digital communications platform (UDCP) is a shared system for critical radio communication among government departments in Hong Kong for public safety. With a view to the increasing demand on maritime safety and law enforcement, there is an imminent need to improve the sea coverage of UDCP. The Electrical and Mechanical Services Department has been engaged for design and administration of the improvement project. With the support of various stakeholders, an innovative and cost-effective idea for an outdoor off-air repeater station is suggested. Despite the technical constraints in system design and installation, the off-air repeater station is successfully installed and its benefit is well demonstrated and appreciated by government departments.

Maritime Migrant Interdiction: Legal Analysis from Bangladesh and the United States Perspective

Migration is a common phenomenon of human civilization. However, in the current millennium, this phenomenon has turned into a salient feature of organized crime. Smuggling migrants by sea enables organized crime to achieve a global presence by obtaining financial benefits through the illegal entry of a person into a state where they are not a resident. Such illegal migration is comparable to human trafficking, which is a ‘crime against humanity’. Hence, for the purpose of preventing human smuggling as well as to obstruct the entry of ‘undocumented’ migrants as a part of national security, the concept of ‘maritime migrant interdiction’ has become a vital border enforcement tool. The presentation delves into the comparative legal analysis of ‘maritime migrant interdiction’ between Bangladesh and the United States. The United States has been struggling with a variety of maritime border policing issues since the early 1980's. However, Bangladesh, a least developed country (LDC) situated on the northern tip of the Bay of Bengal, has become entangled in such issues at the outset of 1990's. The magnitude of the influx of migrant people across the Naaf River, an estuary of the Bay of Bengal, has inundated the country not only with refugee issues but also with the issues of human rights in tandem with the national security interest. At the beginning, the presentation would explore the law and practice of United States as to maritime migrant interdiction. Subsequently, the Executive Orders of 12324 and 12807 would be reviewed which pave the interdiction and repatriation of undocumented migrants. Thereafter, the legal provisions related to the responsibilities and obligations of the US Coast Guard, which is the primary maritime law enforcement agency of the United States, would be explained. Afterwards, to present comparative view, the relevant laws and practice of Bangladesh would be focused. In the concluding part, the presentation would address the common challenges of both countries, i.e. to conduct migrant interdiction at sea without infringing human dignity and human rights of the migrants. There would be an emphasis in conclusion to establish mutual legal assistance and training between Bangladesh and the United States to execute effective search, inspection and interdiction of illegal migrants at Sea.

China's ocean development strategy and its handling of the territorial conflicts in the South China Sea

China's economic growth leads to an increasingly ambitious ocean development strategy. In addition, China has been more assertive in the South China Sea territorial disputes. In view of the exacerbating “China threat” perception, Chinese leaders attempt to maintain a balance: while building a modern navy, China avoids its deployment in maritime law enforcement and the handling of minor territorial conflicts. Efforts have also been made to de-escalate such conflicts while establishing a deterrence effect. Given such context, the recent Sino-Filipino conflict over the Scarborough Shoal is now presented as a model of the way China asserts its sovereignty claims in territorial disputes. This article considers Chinese foreign policy from a traditional realism approach based on content analysis of existing documents, literature and interviews of Chinese academics in the field. It observes how China's neighbours remain suspicious of Beijing's intentions. It concludes that China's relations with ASEAN have been a...

Simulation modeling for maritime port security

United States ports must be prepared for the threat of a small-vessel attack using weapons of mass destruction (WMD). To reduce the risk of such an attack, modeling was conducted at the Savannah River National Laboratory (SRNL) in Aiken, South Carolina, to develop options for redeployment of existing maritime law enforcement resources, deployment of new resources, and optimal use of geographic terrain. Agent-based modeling (ABM) implemented by the Automated Vulnerability Evaluation for Risks of Terrorism (AVERT®) software was used to conduct computer-based simulation modeling. The port-specific models provided estimates for the probability of encountering an adversary based on allocated resources under varying environmental conditions and traffic flow rates. Defensive resources include patrol and response platforms, some of which may be more appropriate in particular environmental conditions. A diverse range of potential adversary and attack scenarios was assessed for a large area port and also for a port with a narrow inlet, thereby identifying vulnerable pathways. For chokepoint operations, the probability of encountering an adversary was estimated for various configurations and operational tempos. As traffic flow increased, the probability of encountering an adversary decreased because the adversary could assimilate into traffic, while security forces were preoccupied inspecting pleasure craft. However, there was a significant increase in the probability of encountering an adversary ( P(Encounter)) when additional patrols were added. Noted was a decreasing marginal benefit of additional patrols at low traffic levels. In open water, use of helicopters on patrol substantially increased the P(Encounter) by directing on-water security to target vessels. This capability was due to the far-reaching vision and speed capabilities of helicopters. As a result of ABM, more effective countermeasures can be deployed with available resources to reduce the risk of a small-vessel attack using WMD. The models can be expanded to all ports in the United States using generic models similar to those presented herein that can be matched to any port based on its size and shape.

Coalition Strategy and the Pirates of the Gulf of Aden and the Red Sea

The April 2009 seizure of the U.S.-flagged Motor Vessel Maersk Alabama and its twenty American crew members off the coast of Somalia should signal a change in counterpiracy strategy, away from a focus on major warship deployments by distant state major maritime powers, and toward development of a regional maritime security force constructed around numerous smaller patrol craft. Outside powers should focus on further advancing new international law and policy frameworks, which have become the most significant force multipliers for developing maritime security and offer the most effective approach to counterpiracy in the Horn of Africa. Complementing this effort will require a long-term program of regional maritime-security capacity building to support implementation of the new law and policy approaches. Piracy flourishes at the seams of globalization because jurisdiction is unclear and pirates exploit the inherent isolation of individual vessels and nations. Regional powers in the Horn of Africa have underdeveloped law enforcement and judicial systems and suffer from a severe lack of resources. In this setting, global and regional legal and policy frameworks in the areas of operational maritime security, judicial institutions, and law enforcement will be more effective in addressing piracy than adding another warship from an outside naval power to the equation.

Fighting Pirates: The Pen and the Sword

The seizure by Somali pirates on September 25, 2008, of the Faina, a Ukrainian-flagged vessel transporting 33 Russian tanks and depleted uranium ammunition to Kenya for consignment delivery to the Sudan People's Liberation Army was startling in its audacity and haul. Even more alarming, however, was the November hijacking of the 1,000foot supertanker Sinus Star. The Liberianflagged vessel, owned by Saudi Arabia's Aramco, was carrying more than $100 million in oil to the United States when pirates seized the ship and its 25 crew members some 400 miles out to sea, then motored for the Somali coast and dropped anchor. Admiral Michael Mullen, chairman of the Joint Chiefs of Staff, was stunned by the capture, which sent shocks through global energy markets. The seizure of a supertanker was unprecedented, and the daring attack so far from shore suggested the pirates were using the shipping industry's open-access automatic identification system (Ais) to intercept merchant ships. Merchant ships on international voyages are required to transmit AIS locational data, but criminal gangs at sea operating commercial equipment can receive these signals as easily as do naval forces and maritime law enforcement and use it to target ships. Since January, more than 97 ships have been hijacked in the dangerous waters off Somalia and Yemen, and the ransom for some vessels can fetch into the millions of dollars. Maritime piracy is experiencing a renaissance not seen since the period of the Barbary pirates. Instability from maritime piracy in the Gulf of Aden is sending ripples throughout the global supply chain, which is already reeling from the collapse of shipping rates brought on by the worldwide economic slowdown. The Baltic Dry Index, which measures the cost of shipping most commodities other than oil, has plummeted to its lowest level in six years and has fallen 93 percent from its peak in May 2008. Indeed, the surge in piracy is coming at the worst time for the shipping industry. More problematic, the resurgence is occurring along critical sea lanes: 20,000 ships pass through the Gulf of Aden adjacent to the Indian Ocean each year, transporting cargo that includes 12 percent of the worlds daily oil supply. While it is impossible to eradicate maritime piracy completely, the threat can be greatly reduced if we broaden efforts to work with international partners. Significantly reducing criminal acts at sea in an area that stretches the distance from Miami

Maritime Law Enforcement and the Use of Force: Reflections on the Categorisation of Forcible Action at Sea in the Light of the Guyana/Suriname Award

The distinction between maritime law enforcement and the use of force at sea is as intricate in law as it is fundamental in practice. Many international legal aspects regarding the determination of the nature of forcible measures against foreign ships at sea have remained largely unexplored. The Guyana/Suriname Arbitration has been significant in this respect since the Tribunal has had to consider some important questions involving the categorisation of forcible action at sea. With an emphasis on the recent Guyana/Suriname Award, this article offers some preliminary reflections on what may be considered to be key aspects of the distinction between maritime law enforcement and the use of force at sea.

Maritime Law Enforcement and Compliance in Indonesia: Problems and Recommendations

(2005). Maritime Law Enforcement and Compliance in Indonesia: Problems and Recommendations. Maritime Studies: Vol. 2005, No. 144, pp. 1-16.

Jurisdictional Issues for Navies Involved in Enforcing Multilateral Regimes Beyond National Jurisdiction

AbstractThe traditional freedoms of the high seas, set out in Article 87 of the 1982 United Nations Law of the Sea Convention, are now overlaid with a network of conventional international law provisions which seek to regulate a wide range of criminal activity, the taking of resources and environmental despoliation occurring on the high seas. Many of these regimes impose enforcement obligations on states parties but contain scant detail as to the practical mechanisms for enforcement. The high seas as an arena for maritime law enforcement presents new challenges for navies charged with implementing co-operative regimes. The development of uniform enforcement procedures and an equitable division of enforcement responsibility among regional navies or regional maritime security forces is essential if high seas regimes are to be implemented effectively. This article identifies some of the jurisdictional issues which can arise for navies or maritime security forces tasked with enforcing multilateral regimes beyond national jurisdiction.

Doctrine of hot pursuit: A functional interpretation adaptable to emerging maritime law enforcement technologies and practices

Abstract The doctrine of maritime hot pursuit recognizes the right of a coastal state to pursue onto the high seas a foreign vessel that violated its laws while within its waters. This article examines the hot pursuit doctrine's development under customary and conventional law, particularly in light of recently expanded coastal state jurisdictional claims over resources located in adjacent ocean areas and the growing maritime drug interdiction effort. The article concludes that several of the procedural standards contained in the conventional doctrine unnecessarily restrict the use of innovative and essential technologies in the exercise of hot pursuit. The author proposes a functional approach to defining the standards to be followed in exercising a right of hot pursuit. The functional approach eschews detailed, mechanical standards, and instead articulates the policy goals that must be followed in exercising the right. Such an approach will encourage innovative approaches to maritime law enforcement wit...