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Pursuing State Interests: The Exercise Of Maritime Enforcement Jurisdiction

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Chapter Summary

This chapter discusses the primary tool employed by States in furthering their interest in reducing boat arrivals at their shores-that of interception. States have an interest in upholding certain rights and policy interests. The basic principle governing the exercise of enforcement jurisdiction is that it is generally limited to the territory of the State exercising jurisdiction; it cannot be exercised within the territory of another State unless the latter State consents, as otherwise that State's territorial sovereignty would be violated. Interception at sea may take place either within the territorial sea or contiguous zone of the country of embarkation, transit or destination, or on the high seas. Maritime interception is based on the classical understanding that a State has complete sovereign authority over a defined territory and, thus, has the plenary power to determine who crosses its borders.

Keywords: enforcement jurisdiction; maritime interception

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