Maritime Security Regimes: Difference between revisions

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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 OrganisationOrganization]] (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 {{convert|3|nmi|km}} to {{convert|12|nmi|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.

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:

* SUAUNCLOS -– [[United Nations Convention foron the SuppressionLaw of Unlawful Acts Against the Safety of Maritime NavigationSea]] (1988/92)

* ISPSSARPSCO Code– -The [[InternationalSouth ShipAsia andRegional Port Facility Security Code]]Cooperative (2008)

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* [httphttps://www2001-2009.state.gov/p/inl/rls/nrcrpt/2006/vol1/html/62108.htm "International Narcotics Control Strategy Report."] Bureau for International Narcotics and Law Enforcement Affairs. March 2006.

* [https://web.archive.org/web/20100115053240/http://www.jiatfs.southcom.mil/cg/mission.htm "Mission, Vision, and Goals."] Joint Interagency Task Force South (JIATF-S). Retrieved November 11, 2009.

* William Gilmore, Great Britain: Foreign and Commonwealth Office. [httphttps://books.google.com.au/books?id=6Zr_nIN01hQC&pg=PA45&lpg=PA45&dq=Caribbean+Regional+Maritime+Agreement&sourcepg=web&ots=sxU8Kdohj6&sig=-E5mbx3xwbHZXstDbN1pvlssCHk&hl=en&sa=X&oi=book_result&resnum=10&ct=result#PPP1,M1PP1 "Agreement Concerning Co-operation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area, 2003."] The Stationery Office, 2005. {{ISBN |0-11-591785-3}}

* IMO Anti-Piracy & RECAAP [http://arquivo.pt/wayback/20090707041342/http://www.imo.org/Facilitation/mainframe.asp?topic_id=362]

* Maritime and air counter narcotics agreement in Caribbean [httphttps://www2009-2017.state.gov/s/l/2005/87198.htm]