Flag state responsibility for maritime terrorism

Modern international shipping is largely a flag state-based system. Only the flag state has complete authority over the vessels that fly its flag, and as a result, other states’ jurisdiction over these vessels is very limited. Against this backdrop, this article examines the flag state’s responsibility for maritime terrorism, a major security issue and vulnerability in the global supply chain. It is not an exaggeration that the global community’s repeated statements regarding the illegality of terrorism have created a customary international law obligation for states to take all possible steps for the prevention of terrorism. This article argues that providing flags to suspicious entities in an obscure registration system is not compatible with this obligation.

State responsibility for maritime terrorism

Maritime terrorism is one of the main maritime security issues in the contemporary world. The threat of maritime terrorism is more apparent than ever in the post-September 11 era. Although maritime terrorism is an old issue, the disastrous events of 11 September 2001 brought this issue again onto the global agenda. This incident brought to the forefront the longstanding concerns that terrorists could severely disrupt the global maritime supply chain by using shipping containers or vessels to attack major business centres, port facilities and offshore installations. A number of international criminal law studies have been conducted to identify international legal challenges in maritime security. Some of these works have critically examined the international legal framework for maritime security and identified the lacunas in the existing system. Some of these writings have also identified that emerging maritime terrorism issues are prompting States to introduce some stringent measures. Although the international legal regime related to maritime terrorism is a well-researched area, very little research work has explored the legal issues related to State responsibility for maritime terrorism. This article argues that, although the United Nations Convention on the Law of the Sea (UNCLOS) provisions related to maritime piracy may not be applicable for some dimensions of maritime violence, different provisions of UNCLOS may relevant in identifying State responsibility for maritime terrorism.

The rise and fall of the international law of maritime terrorism : the ghost of piracy is still hunting!

Maritime terrorism is a serious threat to global security. A major debate in this regard is the treating of acts of maritime terrorism as piracy by some scholars and a rejection of this view by others. Moreover, the international law of maritime terrorism suffers from fundamental definitional issues, much like the international law of terrorism. This article examines the current international law of maritime terrorism with a particular emphasis on the debate regarding the applicability of the international law of piracy in the case of maritime terrorism. It argues that the international law of piracy is not applicable in the enforcement and prosecution of maritime terrorists on the high seas. International treaties on terrorism and the post-September 11 developments relating to international laws on terrorism have created a workable international legal framework for combating maritime terrorism, despite some bottlenecks.

Prosecution of maritime pirates : the national court is dead—long live the national court

Piracy is one of the main maritime security concerns in the contemporary world. The number of piracy incidents is increasing rapidly, which is highly problematic for maritime security. Although international law provides universal jurisdiction for the prosecution of maritime pirates, the actual number of prosecutions is alarmingly low compared to the number of incidents of piracy. Despite many states becoming parties to the relevant international conventions, they are reluctant to establish the necessary legal and institutional frameworks at the national level for the prosecution of pirates. The growing incidences of piracy and the consequential problems associated with prosecuting pirates have created doubts about the adequacy of the current international legal system, which is fully dependent on national courts for the prosecution of pirates. This article examines the possible ways for ensuring the effective prosecution of pirates. Contrary to the different proposals forwarded by researchers in the wake of Somali piracy for the establishment of international judicial institutions for the prosecution of pirates, this article argues that the operationalization of national courts through the proper implementation of relevant international legal instruments within domestic legal systems is the most viable solution. However, this article submits that the operationalization of national courts will not be very successful following the altruistic model of universal adjudicative jurisdiction. A state may enact legislation implementing universal jurisdiction but will not be very interested in prosecuting a pirate in its national court if it has no relation with the piratical incident. Rather, it will be successful if the global community seriously implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention), which obligates the states that have some connection with a piratical incident to prosecute pirates in their national courts.

Prevention of Pollution of the Marine Environment from Vessels : The Potential and Limits of the International Maritime Organisation

--Critically discusses the role of International Maritime Organization (IMO) in the protection of the marine environment --Presents a clear, updated, concise and critical overview of the IMO marine environmental legal instruments --A fresh outlook on the north-south tensions in the IMO marine environmental discourses --Critically examines the principle of common but differentiated responsibilities in the context of IMO This book examines the role of The International Maritime Organization (IMO) in the prevention and control of pollution of the marine environment from vessels with a particular reference to the current north-south tensions regarding the strategy for combating climate change in the maritime sector as well as the prevention of marine pollution from the ship-breaking industry. The IMO, a United Nations specialized agency, has been entrusted with the duty to provide machinery for cooperation among governments for the prevention and control of pollution of the marine environment from vessels. The organization is responsible for drafting legal instruments as well as for facilitating technical cooperation for the protection of the marine environment. Although IMO legal instruments are mainly targeted at the prevention of pollution of the marine environment from vessels, there is a trend towards a liberal interpretation of this, and the organization has expanded its work to areas like shipbreaking, which is essentially a land-based industry.

La peche artisanale maritime en Cote d'Ivoire: le potentiel de peche

The marine artisanal fishery in Ivory Coast covers all the continental shelf, with high activities around Abidjan and San-Pedro. Four types of fishing tackles are recorded: purse seines, beach seines, gillnets and lines. The first three ones are used by Fanti and Awran, who represent three quarters of total artisanal fishermen; lines are used by Ghan, Aladjan and Nanakrou. Canoe, the only artisanal way of navigation, varies in size and shape according to the different fishing communities.

Estudio de una serie musteriense de La Quina (Charente, Francia): el ejemplo de la trinchera C (excavaciones DR. L. y G. Henri-Martin)

[ES] El análisis de una serie industrial correspondiente a los cinco niveles arqueológicos de la trinchera C de La Quina (Charente, Francia), proveniente de las excavaciones del Dr. L. Henri-Martin y de G. Henri-Martin, pone de manifiesto, junto a la caracterización del conjunto estratigráfico por la presencia de raederas, el progresivo incremento de los denticulados en el devenir temporal. Este hecho asociado a otros particulares fenómenos secundarios (en el alargamiento de las formas, en la tipología de las raederas, en la elaboración del retoque, ... ) traducen una complicación diacrónica creciente en la dinámica de este complejo musteroide, presagiando, quizás, su relativa afinidad con el proceso leptolitizante de las series industriales evolucionadas del Paleolítico medio.

Maritime policy in Scotland.

This paper begins by defining the meaning of the term `maritime policy'. Since devolution in the UK, the opening of the new Scottish parliament in 1998 and the creation of the Scottish Executive, little effort has been made to establish a distinct maritime policy for Scotland. As was evident prior to devolution, the primary emphasis from any maritime policy perspective has continued to be a focus on lifeline island ferry services. This ignores significant developments in several other key maritime transport sectors, and this paper provides examples of areas that require some form of policy response, including intra-European short sea shipping, UK coastal shipping, urban/river transport and global container shipping. Long-standing institutional bias against maritime transport coupled with subsidy devoted almost entirely to land transport systems has resulted in a quite distorted marketplace. This suggests that a maritime policy is now imperative if maritime transport is to play a more significant role in the overall transport system. Further discussion centres on the need to consider, from a Scottish policy perspective, the role of various state-sponsored maritime service providers and how these bodies might fit better within evolving policy. The conclusion is that formulation of a maritime policy by the Scottish Executive is overdue and that a degree of restructuring of transport responsibilities within the Executive, combined with adequate resource allocation towards the maritime industry, will be necessary in order that market distortions can be overcome, so enabling Scotland to fully exploit the competitive and environmental advantages that maritime transport can provide.