Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are and should be shaping the law of the sea. The discussion sets out the rules regulating passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. This book argues that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

Natalie Klein is an Associate Professor at Macquarie Law School, Macquarie University, Sydney, Australia where she teaches and researches in different areas of international law, with a focus on law of the sea and international dispute settlement. Dr. Klein is the author of Dispute Settlement in the UN Convention on the Law of the Sea (2005) and regularly provides advice, undertakes consultancies and interacts with the media on law of the sea issues. Prior to joining Macquarie, Dr. Klein worked in the international litigation and arbitration practice of a New York law firm, served as counsel to the Government of Eritrea and was a consultant in the Office of Legal Affairs at the United Nations. Her masters and doctorate in law were earned at Yale Law School.

Abbreviations	p. xvii
Table of Cases	p. xix
Table of Treaties	p. xx
Two Fundamental Concepts	p. 1
Introduction	p. 1
Two Fundamental Concepts	p. 2
Defining maritime security	p. 4
Security in the international system	p. 4
Security interests in ocean space and ocean use	p. 6
What is 'maritime security'?	p. 8
Freedoms of the high seas	p. 11
Mare liberum	p. 13
Inclusivity and exclusivity in the development of the law of the sea	p. 16
Maritime Security and the Law of the Sea	p. 17
Passage and Military Activities	p. 24
Introduction	p. 24
Passage of Warships	p. 25
Geographic application of passage regimes	p. 28
warships and innocent passage	p. 30
Warships and transit passage and archipelagic sea lanes passage	p. 33
Coastal state powers vis-à-vis passage of warships	p. 35
Special requirements for submarines and nuclear-powered or equipped vessels	p. 40
Conclusion	p. 43
Military Activities Beyond the Territorial Sea	p. 43
Military activities in the EEZ	p. 46
Weapons tests on the high seas	p. 54
Security zones	p. 58
Conclusion	p. 60
Law Enforcement Activities	p. 62
Introduction	p. 62
Ports and Internal Waters	p. 65
Enforcement of laws for actions occurring in ports and internal waters	p. 68
Enforcement of laws for actions occurring outside ports and internal waters	p. 69
Conclusion	p. 73
Territorial Sea	p. 74
Innocent passage and exercise of criminal jurisdiction	p. 75
Increasing enforcement powers of the coastal state: marine pollution	p. 77
Increasing enforcement powers of the coastal state: fisheries	p. 78
Encroachments on exclusive enforcement jurisdiction of coastal state	p. 78
Straits	p. 84
Contiguous Zone	p. 87
Exclusive Economic Zone	p. 88
Fishing	p. 90
Marine pollution	p. 93
Conclusion	p. 97
Continental Shelf	p. 98
Exploration and exploitation of the continental shelf	p. 99
Submarine cables and pipelines	p. 100
Artificial islands, installations, and structures	p. 102
Conclusion	p. 104
High Seas	p. 105
Right of hot pursuit	p. 109
Right of visit	p. 114
Piracy	p. 118
Slavery, people smuggling, and trafficking	p. 122
Unauthorized broadcasting	p. 127
Drug trafficking	p. 130
IUU fishing	p. 137
Conclusion	p. 141
Conclusion	p. 143
Terrorism and Proliferation of Weapons of Mass Destruction	p. 147
Introduction	p. 147
Initial Responses to Maritime Terrorism-1988 SUA Convention	p. 151
Initial Legal Responses to WMD Proliferation	p. 154
Increasing Port State Controls	p. 157
ISPS Code	p. 157
Container Security Initiative and WCO Framework of Standards	p. 163
Conclusion	p. 169
Interdictions Outside the Territorial Sea	p. 169
2005 SUA Protocol	p. 170
Offences under the 2005 SUA Protocol	p. 172
Ship-boarding procedure	p. 173
Location of ship-boarding	p. 175
Requesting permission to board	p. 176
Consent to ship-boarding	p. 177
Required safeguards in undertaking a ship-boarding	p. 181
Outcomes from a ship-boarding	p. 183
Bilateral ship-boarding agreements	p. 184
Offences	p. 187
Ship-boarding procedure	p. 187
Third states	p. 189
Conclusion	p. 190
Proliferation Security Initiative	p. 195
Participants and non-participants in the PSI	p. 195
Targets of the PSI	p. 197
Consistency with international law	p. 197
Interdictions by participants in their ports, internal waters or territorial sea	p. 198
Ports and internal waters	p. 199
Territorial seas	p. 200
Contiguous zone	p. 202
Interdictions by participant states of their flagged vessels	p. 202
Interdictions by participant states of foreign vessels	p. 203
Law-making nature of the PSI	p. 203
Conclusion	p. 207
Conclusion	p. 208
Intelligence Gathering and Information Sharing	p. 211
Introduction	p. 211
Maritime Domain Awareness	p. 213
Intelligence Gathering as a Military Activity	p. 214
Foreign navies in coastal state waters	p. 215
In the territorial sea and in straits	p. 216
Exclusive Economic Zone	p. 217
Military surveys and hydrographic surveys	p. 221
Conclusion	p. 223
Monitoring the Movement of Ships and Seafarers	p. 224
Australian Maritime Identification System	p. 225
Mandatory ship reporting systems	p. 227
Identity of seafarers	p. 235
ISPS Code and WCO Framework of Standards	p. 239
Conclusion	p. 241
Information Sharing and Law Enforcement	p. 241
Piracy and armed robbery	p. 242
Terrorism and proliferation of WMD	p. 245
People smuggling	p. 248
Drug trafficking	p. 249
Illegal fishing	p. 250
Conclusion	p. 254
Conclusion	p. 255
Armed Conflict and Naval Warfare: Shifting Legal Regimes	p. 257
Introdution	p. 257
Law of the Sea During Times of Armed Conflict	p. 259
Armed Conflict	p. 626
Threats or uses of force and armed attacks	p. 262
Inter-state conflicts	p. 262
Conflicts with non-state actors	p. 268
Conclusion	p. 270
Requirements for the lawful exercise of the right of self-defence	p. 270
Enforcement actions at sea under Chapter VII of the UN Charter	p. 276
Enforcement of economic sanctions	p. 276
Piracy in Somalia	p. 280
Proliferation of WMD	p. 281
Counter-terrorism resolutions	p. 283
Conclusion	p. 284
Law of Naval Warfare	p. 285
General principles	p. 287
Treatment of merchant vessels	p. 289
Blockades	p. 292
Security/exclusion zones	p. 295
Conclusion	p. 279
Emerging Trends and Conclusion	p. 297
International Law of Maritime Security: A Synopsis and Proposal for Change	p. 301
Introduction	p. 301
Laws Relating to Maritime Security Threats	p. 302
Piracy and armed robbery	p. 302
Terrorism	p. 305
Trafficking in WMD	p. 309
Drug trafficking	p. 311
People smuggling and trafficking	p. 313
IUU fishing	p. 314
Intenational and unlawful damage to the environment	p. 318
Expanding categories of maritime security threats	p. 319
Military Interests and Maritime Security	p. 321
The Present and the Future of Maritime Security and the Law of the Sea	p. 324
Bibliography	p. 329
Index	p. 347
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