CHAPTER I
INTRODUCTION
I.1. Background: the rationales of choosing the topic
Maritime Security, Piracy in generals, impacts of piracy
Currently, International system is focusing on issues related with maritime security. Maritime security coxncern with threats that prevail in the maritime domain (Klein 2011; Kraska and Pedrozo 2013; Roach 2004; Vrey 2010, 2013). These threats include interstate-dispute, terrorism, piracy, drugs trafficking, people and illicit foods, arms proliferation, illegal fishing, environmental crimes, as well as accidents and disaster which happen in maritime domain. Thus, generally, maritime security can be defined as the absence of those threats. Meanwhile, there is an argument that inter-states dispute should be categorized as national security instead of maritime security. Thus, there is another definition of maritime security which define maritime security as good or stable order at sea (Till 2004; Vrey 2010; Kraska and Pedrozo 2013: 1). The definition of maritime security from one to another is different as the scope of maritime security is broad and each actor has different point of view on the issue. There is no universal legal definition about maritime security. The United Nation itself only
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The report classify the threats into: (1) Piracy and armed robbery, (2) terrorist acts, (3) the illicit trafficking in arms and weapons of mass destruction, (4) the illicit trafficking in narcotics, (5) smuggling and
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
International organizations such as NATO and the UN are essential not only for global peace, but also as a place where middle powers can exert their influence. It is understandable that since the inception of such organizations that many crises have been averted, resolved, or dealt with in some way thro...
The formation of the United Nations in 1945 marked a monumental success in the international political realm. It was founded to foster relations with its member and non-member states, encourage the respect of human rights, and fight to solve social, economic, and humanitarian issues. However, of all of these motives, its foundation was based primarily on creating peace and preventing conflict between members. The idea of collective security in the UN has become the heart of peace keeping within the union and all members vow to preserve peace and eliminate identified aggressors. Chapter VII of the UN charter is the impetus behind collective security and provides the legal foundation for the UN to eradicate all threats to the peace.
Terrorist and criminal organization have internal problems that can be exploited by law enforcement and policy makers. Form author Nikos Passas we understand that terrorist organization have a lot of different methods of funding, including crime and charities. According to Passas the best way to combat this is to increase transparency and traceability in economic transactions, which was also concluded by author Jonas R. Want in his article discussing the regulation of Hawala. By doing this globally we can combat the financing of terrorist and criminal groups by having better knowledge of the movement of their money. According to author William Phil’s two thousand and seven peace, following the money is the most powerful tool in combating illegal financial transactions. The argument is supported by an Bichler, Bushes, and Malm’s article that states that understanding the market system in which criminal organizations operate is necessary when identifying the key players and mechanisms used. Overall, strengthening financial transaction transparency will help law enforcement combat both terrorist and criminal organization which will have great affects on both organizations
Attacks on the Ports of Los Angeles and Long Beach. Risk Analysis: An International Journal, 27(3), 533-546. doi:10.1111/j.1539-6924.2007.00908.x
Research for this assignment will be done to see if get tough policies have any effect on organized crime. Will organized crime through lucrative deals prevail? Will also be researched and answered within the context of this paper. By analyzing to see why get tough policies being put in place to stop organized crime, doesn’t work, then how organized crime can be stopped, will be explained and researched within this paper. The author of this paper will implement a point of view on how to stop organized crime, within the context of this paper. Lastly answer what effect does the war on crime against organized, will be researched and explained, if it works or not.
Modern piracy has touched nearly every corner of the globe and has increased with globalization. The tentacles of piracy now extend from South America to the South China Sea. The greatest numbers of piracy incidents occur along maritime commercial trade routes. Since China dominates the world’s container shipping industry, the South China Sea has become a hotspot for piracy (Kraska 2011). The prominence of cargo activity increases opportunity for pirates and indisputably triggered the sixty- nine incidents of piracy that were reported in 2009 in the South China Sea (Kraska 2011).
INTRODUCTION : a brief overview of the current situation regarding the security issue in the Pacific region
A significant portion of the Coast Guard is not required to maintain any physical fitness standard. Requiring boatcrew members and law enforcement personnel to pass the physical fitness test; it puts a burden on the members for the extra time to maintain this standard. To change the current boat crew physical fitness test to a Coast Guard wide physical fitness test. It would benefit the Coast Guard and start to create a healthier lifestyle. The Coast Guard should require all members to pass the boat crew physical fitness standards.
My research will focus on two important topics related to each other. I am going to discuss the “Delimitation of maritime border and continental shelf” pact between Albania and Greece, an agreement that was later revoked by the Constitutional Court of Albania, because it was investigated and proved the wrong division of the maritime border based on the “equidistant” principle. After that I am going to confront the injustice done to Albania reflected in the International Right with the Law of Seas. This paper will argue in favor of the decision of the Albanian Constitutional Court for rejecting the nautical pact between Greece and Albania as the most reasonable and fair decision, because it is directly connected not only to geographical and legal reasons, based on the United Nations Convention on Law of the sea (1982), but also to economic and touristic issues.
Although merchant ships spend most of their lifetime outside the territorial waters, the current international maritime legal regime is ironically revolved around nationality of the vessel. Every vessel engaged in international trade must register in a country and is subjected to the regulatory control of that country whose flag it flies as per the existing international maritime law. Resultantly, any country has the right to allow a vessel to fly its national flag and to therefore bestow its nationality upon that vessel. When a vessel owner registers a vessel with a nation, the owner agrees to abide by that nation’s law and regulations of that ‘flag state’ in return for protection and the right of its vessel to be of that sovereign state. A system commonly known as “Flags of Convenience” (FOC) has developed, in which commercial vessels register in countries with “open registries” and consequently the ships contain practically no link at all to the flag states in which they are registered.
Transnational security challenges refer to various threats that operate across national boundaries and involve cross-border transference as a fundamental part of its process. These threats are complex, interconnected, non-traditional and typically involve non-state actors. Issues such as transnational organised crime, terrorism, piracy, environmental degradation and infectious disease are examples of issues at the centre of the transnational security agenda. Dupont argues that transnational issues were largely ignored by the mainstream discourse on security until the September 11 terroris...
Discrepancies arise in the strategic analysis of the security threat piracy and terrorism in the Horn of Africa actually poses. The amount of attacks that can be directly attributed to identified terrorist organizations are remarkably few. Nevertheless, piracy against both private and commercial vessels has increased. In 2012, according to the Combined Maritime Forces (CMF), successful pirate seizers of merchant vessels were reduced from thirty-eight to twenty-one. However, the same report shows a near twenty five percent increase in the number of attempted attacks. On its official website, the International Maritime Organiza...
Italy and the International Law of the Sea: the Italian marines case as a case study in the scope of the International Law of the Sea.