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KEYNOTE ADDRESS Keynotes on the Subject 'Legal Challenges in Maritime Security'

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Chapter Summary

Mare liberum, freedom of the high seas - one of the basic and most important principles of the law of the sea - is closely connected with the flag State principle. Many states have both an interest in freedom of the high seas and promoting their security interests. The tension between the two objectives is not new and persists despite the substantive extension of functional jurisdiction of costal States beyond their territorial sea in 1982 United Nations Convention on the Law of the Sea (UNCLOS). The challenges of both modern terrorism and proliferation of weapons of mass destruction (WMD) brought a number of deficits of UNCLOS-based ?old system? to the surface. Among them was the lack of effective measures 1) to prevent ships from being used as means for terrorist attacks or as support vessels for terrorist activities, 2) to ensure bringing suspected terrorists to justice, and 3) to halt the proliferation of WMD.

Keywords: high seas; mare liberum; maritime security; territorial sea; terrorist attacks; United Nations Convention on the Law of the Sea (UNCLOS); weapons of mass destruction (WMD)



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