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Problems Relating To Non-Natural And Man-Made Basepoints Under UNCLOS

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Chapter Summary

The term 'maritime security operations' ('MSO') is commonly used to describe the full range of naval operations outside of international armed conflict, including those which include an exercise of rights under Article 110 of the United Nations Convention on the Law of the Sea (UNCLOS) and it is that convention which sets out the key principle of exclusive flag State jurisdiction (Article 92) and thus provides the best starting point for any examination of jurisdictional issues which arise when warships board flag vessels of other States. Cunter-piracy operations off the Horn of Africa in recent years have seen unprecedented naval engagement both in terms of the number of 'platforms' and the complexity of concurrent EU, Combined Maritime Forces, Alliance and national missions.

Keywords:Africa; flag State jurisdiction (Article 92); maritime security operations (MSO); UNCLOS



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