Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Jurisdictional Problems Relating To Non-Flag State Boarding Of Suspect Ships In International Waters: A Practitioner’s Observations

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Any flag State has the right on the high seas to exercise criminal jurisdiction over its own flag vessels. However, the more usual scenario in high-seas law enforcement is non-flag State boarding: one State's government vessel seeking to suppress the illicit activities of a private or merchant vessel enjoying another flag State's nationality. The UN Convention on the Law of the Sea ('UNCLOS') allocates a universal competence for States to visit and inspect vessels suspected on reasonable grounds of being engaged in: piracy, the slave trade, unauthorised broadcasting or being without nationality (stateless vessels). The factual and legal context surrounding authorised non-flag State boardings may make the mechanical application of national or regional human rights standards inappropriate. The law of the sea itself, alongside settled human rights case law, provides clear guidance on a number of matters.

Keywords:human rights; law of the sea; merchant vessel; non-flag State boarding; UNCLOS



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Selected Contemporary Issues in the Law of the Sea — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation