- Maritime interception and the law of naval operations
- A study of legal bases and legal regimes in maritime interception operations, in particular conducted outside the sovereign waters of a State and in the context of international peace and security
- Award date
- 6 September 2016
- Number of pages
- Document type
- PhD thesis
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
This thesis is divided into four parts. Part I consists of a general introduction and will start with a brief sketch of the context of naval operations to better understand operational environment in which maritime interception operations are used (Chapter 2), and will also address contemporary maritime interception operations by means of a short history of the evolution of the term MIO in four strands (Chapter 3). This chapter will also introduce significant naval operations and incidents that occurred in which MIO has formed a part of the operation. Chapter 4 will consider the two fundamental ground-rules of the international law of the sea as a legal point of departure and which are central to considering the law applicable to maritime interception operations.
Part II consists of four chapters and will study the different legal basis for maritime interception operations.
The legal bases for MIO can be found in a combination of the generally accepted exceptions on the use of armed force and in the notion of general international law where States can allow other States to conduct activities within their own area of jurisdiction, either by ad hoc consent or consent through treaties. Therefore legal bases for maritime interception operations will be analysed: the collective security system, self-defence, (ad hoc) consent and international agreements.
Part III will examine the legal regimes applicable during maritime interception operations. As such, international human rights law and the law of armed conflict will play a central role in this part. It will do so through the lens of three particular subjects: the right of visit, the use of force and detention at sea.
Lastly, part IV will consist of the conclusions and synthesis.
- For copyright reasons, figure 2.1 (p. 82) is not included in this download version of the thesis.
Thesis (complete) (Embargo until 06 September 2018)
CHAPTER 1: Introduction: maritime interception and the law of naval operations (Embargo until 06 September 2018)
CHAPTER 2: Some introductory remarks on naval operations (Embargo until 06 September 2018)
CHAPTER 3: A short history of maritime interception operations (Embargo until 06 September 2018)
CHAPTER 4: The right for warships to intervene on foreign flagged vessels on the high seas (Embargo until 06 September 2018)
Introduction to Part II: Legal bases for maritime interception operations (Embargo until 06 September 2018)
CHAPTER 5: The UN-collective security system and maritime interception operations (Embargo until 06 September 2018)
CHAPTER 6: Self-defence and maritime interception (Embargo until 06 September 2018)
CHAPTER 7: (ad hoc) Consent (Embargo until 06 September 2018)
CHAPTER 8: International agreements (Embargo until 06 September 2018)
Introduction to Part III: Legal regimes and maritime interception operations (Embargo until 06 September 2018)
CHAPTER 9: The right of visit (Embargo until 06 September 2018)
CHAPTER 10: The use of force in maritime interception operations (Embargo until 06 September 2018)
CHAPTER 11: Detention at sea (Embargo until 06 September 2018)
CHAPTER 12: Synthesis and conclusions: Legal challenges to MIO in modern conflict (Embargo until 06 September 2018)
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