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Panel IV: Safety and Navigational Freedom

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Chapter Summary

In the name of national security and sovereign dignity, coastal States' law enforcement officials tend to use force against foreign vessels whenever they abruptly decide that their moves can be justified. Various incidents in recent years indicate that there is a real need for a more practical multilateral treaty to control state law enforcers at sea and to secure international navigational freedom. The three factors of the proportionality principle are the principle of relevance, the principle of necessity and the principle of balance of interests. Steps are taken by the international community to enhance the safety of navigation in the Arctic. The mandatory reporting of commercial vessels part of the revisions to the NORDREG regime attracted some attention. Canada has indicated that the new measures are both consistent with the relevant IMO instruments and supported by Article 234 of the UN.

Keywords:Arctic; Canada; international navigational freedom; NORDREG; proportionality principle; safety

10.1163/9789004202320_021
/content/books/b9789004202320s021
dcterms_subject,pub_keyword
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