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Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas.
| | This article needs additional citations for verification .(December 2008) |
Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas.
One of the best known International Maritime Regimes is the United Nations Convention on the Law of the Sea, or UNCLOS. While UNCLOS is only one of many regimes, or sets of rules, laws, codes and conventions that have been created to regulate the activities of private, commercial and military users of our seas and oceans, it provides the legal framework for further maritime security cooperation. Most maritime regimes, including UNCLOS, have been created through the United Nations International Maritime Organization (IMO) in consultation with its member states, and refer to navigation, resource allocation and ownership, prevention of pollution and environmental protection. The United States has not yet ratified UNCLOS (see United States non-ratification of the UNCLOS) but it does adhere to its conventions, and has been the driving force behind other maritime security initiatives, including PSI, CSI, ISPS Code and counter-piracy agreements to address piracy against commercial shipping in the Gulf of Aden, Horn of Africa region. The United States has also led attempts to expand current bilateral maritime policing, counter narcotics trafficking agreements, whereby regional states in the Caribbean participate in a Caribbean Regional Maritime Agreement (CRA) - (long name: Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area).
Where maritime security regimes can differ from other maritime regimes, is that they are created to enable effective policing beyond the jurisdictional constraints of the territorial sea, which ranges from 3 nautical miles (5.6 km) to 12 nautical miles (22 km) from the high-water mark of a coastal state (see UNCLOS).
Complications arise when a navy, coast guard, coastwatch, maritime police force, or other agency wishes to intercept (or 'interdict') vessels suspected of carrying out illegal activities, such as piracy against ships, smuggling or there is potential for an act of terrorism. If a suspect vessel is registered, or 'flagged', with a state other than the state of the pursuing authorities, then in most cases the pursuing authorities must gain the permission of the 'flag' state prior to boarding. If the suspect vessel crosses into the territorial waters of another state, possibly a third state, which is not the home state of the pursuing authorities, then permission must be sought from the territorial state prior to intercepting or boarding.
However, if a prior agreement has been arranged with one or more coastal states, then this can simplify and speed up the process and can make the difference between suspects being detained or not. If several states within a maritime region (such as the Caribbean Sea or Southeast Asia) can come to agreement on 'hot pursuit' and boarding of suspect vessels, then this will reduce time that must otherwise be spent seeking permission.
UNCLOS, Article 111 states that: "The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the law and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea, or the contiguous zone if the pursuit has not been interrupted.....The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State."
While there is a broad school of thought and considerable academic literature on 'regimes' (see Regime theory), less is known about Maritime Security Regimes as an academic field, or set of theories in its own right. Another related area that requires further research is Regional Maritime Security Regimes, for while there do exist international regimes such as UNCLOS (1988), SUA (1988), ISPS code (2004) there is a trend toward regionalism in maritime security, and exclusion of a strong hegemony to administer it. The CRA is an example of a comprehensive multilateral regional maritime agreement. the CRA arose out of a need to respond to the growing prevalence of drug trafficking through the Caribbean Sea. Initially bi-lateral agreements between Caribbean states sought to address the delays that occurred when suspects fled into the territorial sea and beyond the jurisdiction of the United States Coast Guard (USCG). These comprehensive agreements sought, among other things, to allow law enforcement officers of one state to be 'sea-rider' LEDETS aboard vessels of the territorial states to reduce lengthy permission-seeking processes. The CRA refers to existing international convention found within the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). Article 17 of the UN Drugs Convention states:
"1. The Parties [states] shall co-operate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea."
Maritime Security in its commercial and military forms has been the primary reason for Naval presence in areas with high shipping traffic but low levels of policing. Notable areas have historically included the Caribbean Sea, and currently include piracy on the West Coast of Africa Nigeria, the East Coast of Africa, particularly the Horn of Africa, Gulf of Aden and Somalian Coast; the South China Sea, and until 2007, Southeast Asia's Strait of Malacca and Singapore Strait. Security Regimes were developed during the Cold War, with the SALT I and SALT II but maritime regimes that protect the rights and free passage of commercial and other maritime traffic have been under development since colonial powers sought to protect resources and trade routes from South and Southeast Asia to Europe. Academic literature on Maritime Security Regimes is minimal, although material relating to regional maritime policing, and anti-piracy agreements such as UN Security Resolutions 1816 (2008) and 1846 (2008) suggest this is increasingly significant area of research.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.
Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
The United Nations Office on Drugs and Crime is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna, adopting the current name in 2002.
The Single Convention on Narcotic Drugs, 1961 is an international treaty that controls activities of specific narcotic drugs and lays down a system of regulations for their medical and scientific uses; it also establishes the International Narcotics Control Board.
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances. The Convention entered into force on November 11, 1990. As of June 2020, there are 191 Parties to the Convention. These include 186 out of 193 United Nations member states and the Holy See, the European Union, the Cook Islands, Niue, and the State of Palestine.
Vietnam Coast Guard is the coast guard and officially a uniformed people's armed force of Vietnam. It is purposed to perform search and rescue duties, along with their duties of combating and preventing smuggling, piracy, and trade fraud in Vietnamese waters.
Maritime security is an umbrella term informed to classify issues in the maritime domain that are often related to national security, marine environment, economic development, and human security. This includes the world's oceans but also regional seas, territorial waters, rivers and ports, where seas act as a “stage for geopolitical power projection, interstate warfare or militarized disputes, as a source of specific threats such as piracy, or as a connector between states that enables various phenomena from colonialism to globalization”. The theoretical concept of maritime security has evolved from a narrow perspective of national naval power projection towards a buzzword that incorporates many interconnected sub-fields. The definition of the term maritime security varies and while no internationally agreed definition exists, the term has often been used to describe both existing, and new regional and international challenges to the maritime domain. The buzzword character enables international actors to discuss these new challenges without the need to define every potentially contested aspect of it. Maritime security is of increasing concern to the global shipping industry, where there are a wide range of security threats and challenges. Some of the practical issues clustered under the term of maritime security include crimes such as piracy, armed robbery at sea, trafficking of people and illicit goods, illegal fishing or marine pollution. War, warlike activity, maritime terrorism and interstate rivalry are also maritime security concerns.
The Anti-Narcotics Force is a federal executive bureau and a paramilitary force of the Government of Pakistan, tasked with combating the narcotics smuggling and use within Pakistan. ANF works under the umbrella of Pakistan Army and Ministry of Narcotics Control (Pakistan) of which Shahzain Bugti is the minister since March 2022. Due to misconception on Section 4 of ANF ACT 1997, the force's head consisted of the active-duty general officer of Pakistan Army. Although the law prescribes that any competent person may be appointed as Director-General. Currently, a two-star Army Officer, Major general Muhammad Aniq Ur Rehman Malik is deputed as Director-General. The ANF also has sole responsibility for coordinating and pursuing Pakistan narcotics investigations abroad.
Piracy in the Gulf of Guinea affects a number of countries in West Africa as well as the wider international community. By 2011, it had become an issue of global concern. Pirates in the Gulf of Guinea are often part of heavily armed criminal enterprises, who employ violent methods to steal oil cargo. In 2012, the International Maritime Bureau, Oceans Beyond Piracy and the Maritime Piracy Humanitarian Response Program reported that the number of vessels attacks by West African pirates had reached a world high, with 966 seafarers attacked during the year. According to the Control Risks Group, pirate attacks in the Gulf of Guinea had by mid-November 2013 maintained a steady level of around 100 attempted hijackings in the year, a close second behind the Strait of Malacca in Southeast Asia. Piracy in the Gulf of Guinea continues to be a concern to the shipping industry, which is affected significantly. At the same time, governments in the region generally highlight that the fight against piracy requires a broad understanding of maritime security throughout the Gulf of Guinea.
The Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area, known in short form as the Caribbean Regional Maritime Agreement or Caribbean Regional Agreement (CRA), is a 2003 agreement regarding the suppression of the illegal drug trade in the Caribbean.
The Bangladesh Coast Guard is the maritime law enforcement force of Bangladesh. It is a paramilitary force which is under the jurisdiction of the Ministry of Home Affairs. Its officers and sailors are transferred from Bangladesh Navy, and most of the medical officers are transferred from Bangladesh Army. The Bangladesh Coast Guard also performs the duty of maritime border security of Bangladesh. The headquarters is located in Dhaka, Bangladesh. Currently the coast guard has 3,339 personnel and 63 ships. A modernisation plan named Coast Guard Goal 2030 has been undertaken to enhance its capabilities.
The Narcotics Control Bureau is an Indian central law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India. The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of Narcotic Drugs and Psychotropic Substances Act.
Piracy in the 21st century has taken place in a number of waters around the world, including the Gulf of Guinea, Strait of Malacca, Sulu and Celebes Seas, Indian Ocean, and Falcon Lake.
In keeping with the Paris Principles definition of a child soldier, the Roméo Dallaire Child Soldiers Initiative defines a child pirate as any person below 18 years of age who is or who has been recruited or used by a pirate gang in any capacity, including children – boys and/or girls – used as gunmen in boarding parties, hostage guards, negotiators, ship captains, messengers, spies or for sexual purposes, whether at sea or on land. It does not only refer to a child who is taking or has taken a direct part in kinetic criminal operations.
Maritime drug trafficking in Latin America is the primary mean of transportation of illegal drugs produced in this region to global consumer markets. Cocaine is the primary illegal drug smuggled through maritime routes because all of its cultivation and production is settled in the Andean region of South America.
The Maritime Drug Law Enforcement Act (MDLEA), implemented in 1986 by the United States, is a piece of legislation combatting the illegal drug trade. Enacted through congress, the MDLEA establishes that it is illegal for anyone on board a vessel belonging to the United States or within their jurisdiction to deliberately produce or disseminate psychotropic substances. The act is notable for its extraterritorial jurisdiction and its lack of nexus requirement. The Act provides that the United States jurisdiction reaches any vessel "registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of the United States law by the United States." In recent years the MDLEA has been met with controversy as it permits the U.S. Coast Guard the authority to reach and imprison drug traffickers who are operating over international waters and foreign citizens who are not located on board the watercraft but operating overseas or as a conspirator.
International piracy law is international law that is meant to protect against piracy. Throughout history and legal precedents, pirates have been defined as hostis humani generis, Latin for "the enemy of all mankind". The United Nations has codified much of the law in the United Nations Convention on the Law of the Sea (UNCLOS), which defines different types of piracy and ways to combat it.
Drug smuggling is an issue that is gaining international attention, particularly in the Indian Ocean region. The Indian Ocean borders 24 states, and accounts for a third of the world’s ocean area. Previously, other challenges, such as Somali piracy, have been at the forefront of international action. However, the utilisation of the Southern route by drug traffickers, and the consequent issues this has caused, has led to increased focus on how to tackle this issue.
Seychelles is a small island nation with a vast maritime territory, consisting of 115 islands and a 137 million square kilometer Exclusive Economic Zone. The prevalence of drugs in the country is high and the country is experiencing a heroin epidemic, with an equivalent to 10% of the working force using heroin in 2019. Due to its location along a major trafficking route, drugs can easily be trafficked by sea to Seychelles.
Frequent incidents of piracy and armed robbery in the Singapore Strait have led to the area being labelled as an area of concern by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (RECAAP). The Singapore Strait is located south of Singapore, south-east of Malaysia and north of the Indonesian Riau Islands. The Singapore Strait is roughly 113 km long with an average width of 19 km. The Singapore Strait was the location of 65% of all incidents of piracy and armed robbery which occurred in Asia in 2022, marking a seven year high in recorded incidents of piracy and armed robbery in the area.