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Chapter 14. Maritime Security in the post-9/11 World: A New Creeping Jurisdiction in the Law of the Sea?

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Chapter Summary

This chapter considers whether contemporary practice may lead to a further creeping of jurisdiction, not in a further grab for resources, but in an effort by States to provide themselves with greater security from threats from the sea. It examines contemporary and emerging practice in respect of maritime security, and addresses the question whether seeking greater control over security is the next generation of jurisdictional creep, and what erosion of existing freedoms might occur. The issue of military activities, including surveillance, in the exclusive economic zone (EEZ) of another State is one not directly dealt with in the United Nations Convention on the Law of the Sea (LOSC). The thrust of the proliferation security initiative (PSI) is to prevent the proliferation of WMD by sea, land and air. The rationalisation for States seeking to exclude is based upon their jurisdiction in the EEZ over environmental matters.

Keywords: EEZ; environmental security; jurisdiction; LOSC; maritime security; military security; proliferation security initiative (PSI)



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