Marine security and international law: government seizure of vessels in peacetime

摘要

The purpose of this paper is to provide an overview of the contemporary international law concerning the seizure of vessels on the high seas in peacetime. It first notes the importance of the principle of flag state control of vessels on the high seas, and then examines exceptions to that principle that are enshrined in the 1982 United Nations Convention on the Law of the Sea . The 1982 Convention, which entered into force in November 1994, has great significance in international law. Eighty-one states are now parties to it. The states parties include both developing and developed states, though not yet the United States. Provisions of the Convention concerning sea-bed mining delayed its entry into force, but the Convention's articles concerning authority to board or seize vessels have not generated widespread controversy. Even nonparties often rely on many parts of the Convention, asserting that they state customary international law. Despite its significance, however, the 1982 Convention is not the only source that addresses exceptions to the principle of flag state control of vessels on the high seas. The later sections of this paper note other relevant treaties and arguments grounded in customary international law.