Maritime Security

The military instrument alone cannot deal with complex crises involving diverse communities.  Existing strategies, organizations, and force structures are in many cases poorly suited to future contingencies. Accordingly, national and intergovernmental organizations have sought responses to increasingly complex challenges. Among them is the notion of a comprehensive approach.  This paper examines the principles and mechanisms of a comprehensive approach as applied to multinational peacekeeping and maritime, cyber, and energy security.

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

This paper will discuss the political and legal aspects of the maritime disputes in the Eastern Mediterranean and the factors relevant to their conciliation. The first part of the paper introduces the Mediterranean Sea and the relevance of the Exclusive Economic Zone (EEZ) regime in its basins. Subsequently, the author summarizes relevant historical cleavages in the Levant Basin, with a focus on relevant modern Lebanese-Israeli, Lebanese-Syrian and inter-Cypriot events. Part III will discuss the increasing interest in EEZ delimitation over the past decade due to hydrocarbon prospects in the Eastern Mediterranean and the geopolitical and maritime challenges that have since taken shape. Finally, based on the Law of the Sea and previous examples from around the world, the author discusses relevant legal avenues for achieving balanced solutions to maritime tensions in the region and presents the most relevant criteria in delimiting maritime boundaries.

L'Istituto ha lo scopo di: a) Studiare e dibattere, collaborando anche con altri Enti ed Istituti Internazionali, la soluzione dei problemi che interessano la legislazione di tutti i popoli, in un piano mondiale, attraverso l'organizzazione di convegni, conferenze e manifestazioni culturali al fine superiore della elaborazione dei principi fondamentali comuni. Tale attività si esplica anche a mezzo di pubblicazioni, di raccolte bibliografiche e di informazioni. b) Favorire gli studi di diritto comparato, facilitando le relazioni e gli scambi fra gli studiosi di diritto del mondo intero, docenti universitari, magistrati e avvocati. c) Realizzare programmi e corsi di formazione, autonomamente o d'intesa con altri Enti ed Istituzioni pubbliche e private. d) Effettuare ricerche e studi sulla cooperazione giuridica europea ed internazionale. e) Curare la pubblicazione della Rivista della Cooperazione Giuridica Internazionale. f) Pubblicare i risultati di ricerche ed attività svolte dall'Istituto in singoli volumi o periodici similari. Sommario: 1. Introduzione.-2. Il potenziamento della normativa di contrasto alla pirateria nell'Unione Europea: il Parere del Comitato Economico e Sociale Europeo e le attività del Consiglio dell'Unione Europea.-3. Il sistema italiano antipirateria alla luce delle recenti sentenze della Cassazione nel caso Montecristo: verso un pieno riconoscimento della complessità dell'actus reus?-4. Il processo di adattamento della disciplina francese antipirateria al diritto internazionale.-4.1. Segue. Gli illeciti penali «lesivi della libertà delle persone» sui mezzi di trasporto: profili di comparazione del Code pénal français con la disciplina italiana.-4.2. Segue. L'adozione di uno strumento normativo specifico per la lotta alla pirateria: loi n. 2011-13 du 5 janvier 2011.-5. La tutela della navigazione marittima nell'ordinamento tedesco: l'elemento psicologico della leichtfertigkeit nei casi di attacco in mare aggravato dall'omicidio.-6. Il sistema normativo spagnolo di contrasto alla pirateria alla luce della Ley Orgánica 5/2010: la pirateria marittima come «delito complejo».-7. Il contrasto alla pirateria nei sistemi africani: dall'influenza del diritto coloniale all'effettività della disciplina internazionale.-7.1. Segue. La disciplina somala antipirateria tra diritto coloniale italiano e principi della Sharī'a.-7.2. Segue. La realizzazione della disciplina antipirateria internazionale in materia concorsuale nel Somaliland.-7.3. Segue. La repressione della pirateria in Kenya: dall'esperienza coloniale britannica all'attuazione della politica onu.-8. La pirateria marittima nei sistemi asiatici: il ruolo centrale degli ordinamenti statali nella Strait of Malacca Formula.-8.1. Segue. Le problematiche del ricorso alla pena corporale ed alla death penalty per gli atti di pirateria nell'ordinamento di Singapore.-8.2. Segue. La tripartizione della pirateria in base al locus commissi delicti nel codice penale indonesiano. La nuova petro-piracy nel sud-est asiatico: le oil/fuel siphoning operations.-9. Conclusioni.

Maritime disputes in Southeast Asia should be viewed less as a single big basket of problems, and more as smaller individual problems with their own corresponding solutions. There is not a one-size-fits-all approach. And three interrelated policy contexts can help explain why some troubles persist more than others.

Programme attached.

My presentation was titled 'The Indian Ocean, UNCLOS and Competing Continental Shelf Claims'.

Abstract

The Commission on the Limits of the Continental Shelf was established to facilitate the implementation of the United Nations Convention on the Law of the Sea vis-à-vis the outer limits of the continental shelf. Several Indian Ocean littoral states have made submissions to the Commission. Hence, the purpose of the paper is to revisit these submissions, their progress and the implications of their outcomes for IORA. Besides this, the paper will attempt to offer recommendations to IORA and members states to resolve outstanding claims.

The evolving international order and changing security dynamics have pushed both regional and extra-regional powers into more of a complex security framework. The security dilemma of the existing international world order can be stated in terms of anarchy. It is the existence of anarchy due to which states pursue self-interest which ultimately sets the stage for power play. The same scenario seems to have arisen in the IOR. The rising economic and geopolitical significance of the Indian Ocean by featuring the strategic moves of India, China, and the US; as well as the impact of these moves on the security of the overall region demand attention. This needs to be analysed with regards to the impact of three contentions i.e. the India-Pakistan security dyad, the competitive economic rivalry between China and India, and the third contention in terms of China and the US. Furthermore, the end result of power play in the Indian Ocean can be studied under two dimensions i.e. break up of conflict or strategic competition between the regional players and in the context of the states whose interests are at stake by the shift of power balance in the region.

Maritime security is a fundamental vector in the security of the European Union (EU). Such importance resulted in the adoption of several strategies that contribute to the protection and attainment of maritime interests such as freedom and safety of navigation, maintenance of supply chains, food and energy security, blue growth, assumption of the EU as a global actor, among others. The EU Maritime Security Strategy (EUMSS) is the core strategy guiding the EU in the protection of the seas, yet EU’s thinking extends beyond the EUMSS. This article explores the process that leads to the formulation of the EUMSS and the changing functions that maritime security played in the overall strategic objectives of the Union. It finds that the EU’s maritime security conceptualization was driven by higher levels of EU engagement in maritime socioeconomic development and marine environment protection. Subsequent to perceived successes in its maritime security efforts, the field was instrumentalized...

Having explored in the first two parts of this series the abstract concepts of national and maritime strategy, identifying the dangers and challenges with the formulation and application of each, and the problematic chain of historical evidence, focus will now move towards an analysis and evaluation of current strategy, applying knowledge and theory to ascertain the aptness of the UK's stated ways

In interstate and international interaction, norm breaking is a frequent occurrence and cause of conflict. This article discusses how to deal with such behavior when it occurs in maritime space. The particularities of distinct maritime spaces and their level of regulation provide distinct opportunities. States may then take a hybrid approach by taking into account international law in more regulated areas, but seeking alternatives in less regulated ones. To discourage norm breaking and to promote cooperative approaches toward shared challenges in maritime space, stronger ocean governance that considers hybridity seems important. The article discusses these aspects in the three cases of the Arctic, the Indian Ocean, and the Mediterranean and derives first lessons for strengthened ocean governance.

Планируемое уменьшение ледового покрова в Арктике ведет к изменению геополитического статуса этого морского региона: он становится более открытым для осуществления различных видов морехозяйственной деятельности. Приход в Арктику всех заинтересованных игроков несет с собой существенный рост рисков и угроз, прежде всего невоенного характера. Особую важ-ность приобретает проблема обеспечения экологической безопасности – защиты и сохранения морской среды и ее биоразнообразия. Противодействие этим видам угроз требует как индивиду-альных усилий стран арктической пятерки, так и принятия коллективных мер. Ключевые слова: Арктика, Арктический совет, арктические проливы, Северный морской путь, Конвенция ООН по морскому праву, морская безопасность, " мягкая " безопасность, экологическая безопасность, морской терроризм, пиратство.

This paper investigates the contribution that securitization and praxiography can make to the study of maritime security. It investigates the concept of maritime security, its history and reference objects and provides a discussion of counter-piracy practices. While not offering detailed empirical results, the chapter outlines a research agenda on maritime security.

Neorealists typically suggest that when it comes to matters of international politics, non-state actors (NSAs) count only in so far as they act as agents of nation-states, and that if they are not such agents, then their role is merely epiphenomenal, so essentially irrelevant. This thesis argues that this is certainly not true when it comes to key areas of concern for international maritime security. NSAs here may employ the traditional tools of advocating and lobbying that leave neorealists unimpressed, but they do more than this.  Increasingly they have forced policy changes by assuming roles that states cannot or will not perform at sea. In making this argument, this thesis draws on three different case studies; irregular maritime migration, piracy, and illegal, unreported and unregulated fishing. In each of these cases we find that the actions of NSAs at sea have a direct and contributory effect on the way states are or are not responding to the security concerns in international waters.  This capacity is clearly bound up with the absence of sovereign control over the high seas.  The long-standing ‘freedom of the seas’ doctrine opens a space for conflicts between the state-centric conceptions of security and national interests of states on the one hand, and (human) security, trade and environmental concerns on the other, that NSAs are well placed to fill.

In 2001, in response to an Association of Southeast Asian Nations (ASEAN) agreement with China regarding conduct in the South China Sea, Odgaard (2001) optimistically described the cooperation as the beginning of a "new order". Odgaard remarked that, "The dispute highlights differences in the approach of the two entities to the balance of power, diplomacy, and international law…[and] the seeds of a new order emerge, representing a compromise between the security practices employed by China and Southeast Asia" (Odgaard, 2001, p. 292). As recent events have demonstrated,

This paper points out the Brazilian emerging maritime approach is a remarkable change in its post-Cold War era’s defence policy. The constrains of United States regional hegemony in the American continent resulted in a reactive defence policy throughout 20th century, and its division from Brazilian foreign policy. Although the regional systemic conditions of powers remain in 21st century, the ‘Atlantic energy renaissance’ promises to burst Brazilian social-economic development. Because the emerging Southern Atlantic Blue Economy is an event of global impact, Brazil is proactive to an expected growing contest for energy and resources in the region. That explains the institutional reforms in Brazilian armed forces, the emphasis on costal defence, the new agenda for West Africa, and the new push in the Zone for Peace and Cooperation of South Atlantic. This offers a historical background of that change, assesses its main aspects and challenges, and concludes with some recommendations.

The South China Sea have been discussing seriously. Historically, the conflict had started from the contested area between France and Japan, until the outcome Second World War-power vacuum. None of the international documents provides clarity of sovereignty in the South China Sea. China, Vietnam, Taiwan, Malaysia, the Philippines, and Brunei Darussalam are those countries who have an overlapping territorial claim that are currently emerging are more due to economic, geostrategic, and domestic politics. As a non-claimant state, Indonesia has a role to facilitate and solving the conflict, because Indonesia's water, the North Natuna Sea, also has an area that is an incision on territorial claims. The alignment of ZEEI and the Nine-Dash Line has economic implications and regional defense setting. This article uses the qualitative analysis method to explore three purposes. First is to explore the historical, philosophy and legal-approach in discussing the background of the conflict. Second is to analyze the attitudes and perspectives of Indonesia's strategic position in the South China Sea. Third is to propose some possible recommendations that Indonesia needed to resolve SCS conflicts with the roles and actions required for international and regional purposes. Indonesia, as a non-claimant state, has a role of diplomacy as a mediator, honest broker, and confidence builder in the handling of the South China Sea conflict.

The question of when and how international orders change remains a pertinent issue of International Relations theory. This article develops the model of pragmatic ordering to conceptualise change. The model of pragmatic ordering synthesises recent theoretical arguments for a focus on ordering advanced in-practice theory, pragmatist philosophy, and related approaches. It also integrates evidence from recent global governance research. We propose a five-stage model. According to the model, once a new problem emerges (problematisation), informality allows for experimenting with new practices and developing new knowledge (informalisation and experimentation). Once these experimental practices become codified, and survive contestation, they increasingly settle (codification) and are spread through learning and translation processes (consolidation). We draw on the rise of the maritime security agenda as a paradigmatic case and examine developments in the Western Indian Ocean region to illustrate each of these stages. The article draws attention to the substantial reorganisation of maritime space occurring over the past decade and offers an innovative approach for the study of orders and change.

There are essential security considerations in the systems used by semiconductor companies like TI. Along with other semiconductor companies, TI has recognized that IT security is highly crucial during web application developers' system development life cycle (SDLC). The challenges faced by TI web developers were consolidated via questionnaires starting with how risk management and secure coding can be reinforced in SDLC; and how to achieve IT Security, PM and SDLC initiatives by developing a prototype which was evaluated considering the aforementioned goals. This study aimed to practice NIST strategies by integrating risk management checkpoints in the SDLC; enforce secure coding using static code analysis tool by developing a prototype application mapped with IT Security goals, project management and SDLC initiatives and evaluation of the impact of the proposed solution. This paper discussed how SecureTI was able to satisfy IT Security requirements in the SDLC and PM phases.

To achieve these objectives, this chapter examines Canada’s changing
interests in an evolving region from three levels: trade and economy, security
and as a middle power. This chapter is divided into several parts.
The first part briefly introduces Canada’s interactions with Asia in the
twentieth and early twenty-first centuries. This serves to paint a broad
picture of Canada’s “Asian” engagement. The second part introduces the
concept of middle power and how it relates to Canadian foreign policy
engagement in the region. The third part of this chapter aims to chart out
possible opportunities for Canada to align itself with other middle partners
as a critical mass that can shape the Indo-Pacific region such that it
is conducive to Canadian national interests. This proactive engagement is
necessary as being absent from the Indo-Pacific table, Canada’s interests
could be on the geopolitical menu.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is considered as the universal legal regulator towards maritime spaces and resources. However, many states are directly and indirectly violating its basic Articles and political practice of. This situation gives background for the main question of this book: has the UNCLOS become a genuine «Constitution» of the Seas; would the regime, generated by it, remain unchanged in the new international conditions?

Natuna or better known as the Natuna Islands is one of the border areas in Indonesia that has complex problems. As a cluster of islands bordering Indonesia with Malaysia and Vietnam, the Natuna Islands are also located in the South China Sea region, which is a regional dispute hot spot in East Asia. This paper will discuss the concept of border security and border security issues in the waters of the Natuna Islands. In this paper, the authors argue that the problem of the Indonesian EEZ maritime boundary in the Natuna Islands territorial waters with Malaysia and Vietnam needs to be immediately resolved, because in addition to sovereignty, the precision of the EEZ boundary with neighboring countries will be related to the management of natural resources contained in the particular territorial waters. This condition is increasingly complicated when China with its nine-dashed line has raised problems of overlapping claims in the Natuna waters. In addition, the obscurity of maritime boundaries is used by certain parties to carry out illegal fishing in the maritime areas currently being disputed by the neighboring countries.

the Atlantic, as seen from the South and the top, in On a Marché sur la Lune, Hergé, with the young reporter Tintin, the great Professeur Tryphon Tournesol, and poor treacherous Wolf ouverture, the grand Mare Nostrum, then a Mare Clausum: Tordesilhas XVI Century Portuguese commercial routes (in blue) and "Spanish" ones (in white)

This paper is a chapter of the collective monograph "Ukrainian Dignity Revolution, Russian Agression and Intertational Law" (Kiyv, 2014). The chapter is devoted to the problem of legal status of the property that was withdrawed illegaly in Crimea by separatisit regime and by occupational Russian authorities in 2014. Much examples of illegal usage of state Ukrainian property in maritime industry is given. Some parts of this chapter, devoted to the theory of property statute in conditions of foreign occupation are made by Kuzmenko Lydia R., Ph. D. (Law), l.r.kuzmenko@gmail.com

The Joint Statements and declarations on the establishment, promotion, and strengthening of strategic partnership by the leaders of Japan and the Philippines since 2011 indicate an ardent desire toward making security and defense cooperation a salient feature of their 21st century bilateral relationship. Scholars would point to the “China factor” as a convenient reason to explain the strategic trajectory of this evolving relationship. While this study does not discount the “China factor” as a
motivating force behind this change, it asserts that both nations were able to extend their partnership into the security realm because of some enabling domestic factors. Nonetheless, a Duterte Presidency may seriously derail this effort.

By the latter half of 1942, the High Command of the German U-Boats (BdU) realised that the “sinking results’’ of the North Atlantic had decreased immensely. The successes of the Allied anti-submarine operations in the North Atlantic precluded the successful employment of the German submarines in said waters. It was realised that the “sinking potential” of the Cape Town - Freetown convoy route, in terms of tonnage, had increased exponentially by the latter half of 1942. This sudden increase was a direct result of the successful German submarine operations in the North Atlantic during 1939-1942. The first German submarine offensive in South African waters during 1942, Operation Eisbär, was aimed at striking a devastating blow to shipping off the South African coast. By the end of December 1942 an estimated 310 864 tons of shipping had been sunk through Operation Eisbär alone. The success of Operation Eisbär led to a further two German submarine offensives being launched by the BdU in South African waters during the remainder of the Second World War, with a number of opportunistic attacks also made by submarines travelling to the Far East. This paper deals with the German Submarine Offensives off the South African Coast between1942 and 1945. It focusses on three key aspects of the maritime war off the South African coast: the maritime threat perception, the Axis maritime strategy in these waters, and the resulting
U-boat offensives.

In this chapter I propose a time and place of birth for maritime security. Utilising Deleuze and Guattari's assemblage theory, I locate the original context from which maritime security arose in a foundational violent event that bore witness to the presence of different visions of order at sea. I document how the sudden irruption of activist non-state actors into the maritime assemblage challenged the traditional statist construction of the sea. I locate that event in the bombing of the Greenpeace flagship, "Rainbow Warrior", by French secret service agents on 10 July 1985, in Auckland harbour, at 23h45. At that moment maritime security was born as a complex, evolving field of relationships housing inter alia, state and non-state actors, forces of stasis and change, and practices of military technocracy and radical democracy.

The author analyzes the legal problem of stowaway at sea from the perspective of the maritime industry in the context of the current migration crisis. It is argued that the regulations of the Convention on Facilitation of International Maritime Traffic (FAL) impose a heavy burden on the shipowners and shipmasters, attributing the economic and administrative responsibilities to them (such as maintenance and repatriation of stowaways). It is concluded that such obligations may endanger the safety and security of the vessel, crew, cargo and violate rights humans of seafarers.

Today's complex and evolving maritime threats place a great premium on the knowledge and the understanding of all parameters that can pose a threat to the security in the maritime domain. In fact, it is well acknowledged that the key element to effectively countering any threat is its early detection. This latter, could not be achieved unless gaining a persistent awareness of what happened, is happening and will happen in the maritime domain. To achieve this end, there will be need to a set of activities, the ultimate goal of which is to properly identify maritime threats for appropriate action in an earlier stage. The cornerstone of any process involving knowledge and understanding is with no doubt the persistent surveillance that provides a comprehensive maritime situation picture, containing true and timely full detailed information in a given area, including details of activities, infrastructure, facilities, people, cargo, vessels, or other means of transport. So that appropriate operational responses can be initiated in good time at the right place. Early threat detection adds time and space to potential enforcement response options, affording security-in-depth and optimizing the advantages of assets. Factually, this is the core of the maritime surveillance system. This paper seeks to investigate the need for maritime surveillance; also the legal, operational and structural frameworks will be examined to gain an understanding of the overall concept of the maritime surveillance. Finally, the nexus between maritime surveillance and security will be explored to address the question " where does maritime surveillance fit in the maritime security context? "

Maritime security and ocean governance remain a major challenge to both developed and developing states. Even in advanced societies like the United States, securing maritime borders is still very challenging as it is almost impossible to erect a border wall in the sea to stop maritime criminals from crossing to another maritime zone or stop the flow of aquatic animals from one zone to another. Therefore, in both developed and developing states across the world, policymakers are constantly occupied in developing policies to address the issue of maritime security. In Africa, this could be a bit complex as policymakers need to design maritime policies which address the needs of the local population and at the same meets international standards. Drawing on literature review and desk analysis of existing policies, this research explores the challenges facing policymakers in developing national and regional maritime policies and governance models in the East African Community. The study found that developing and aligning regional and national policy goals on maritime security, development and governance will bring positive security and regional integration outcomes in EAC. The findings of this study further indicate that maritime security is not an important political priority and there is no existing maritime strategy in the East African Community. From the above findings, it is evident that the development of the ocean economy in EAC lies at the heart of its maritime security and ocean governance policies and practices. It is also clear that maritime governance and security in EAC has been left entirely to the two main coastal states of Kenya and Tanzania. The challenges of maritime governance and policy development at the local and national level in these states may slow down security and development at the national and regional level with corresponding impacts on integration as both countries host the main commercial ports within the community.

Keywords: Maritime Security, Maritime Policies and Governance, East African Community, Kenya, Tanzania.

This chapter provides firstly a discussion of how maritime security has been conceptualized by situating it in the broader discussions on the role of navies, transnational organized crime, state failure and the sustainable development agenda. We then proceed in discussing the more particular debates on dedicated maritime security issues, in particular piracy, smuggling, and environmental crimes. We end in discussing a range of open questions that will be pertinent to strengthen our understanding of the maritime violence and development link.