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[16PacRimLPolyJ0107] Heightened Security: The Need to Incorporate Articles 3bis(1)(a) and 8bis(5)(e) of the 2005 Draft SUA Protocol into Part VII of the United Nations Convention on the Law of the Sea

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dc.contributor.author Harrington, Caitlin A
dc.contributor.author Pacific Rim Law & Policy Journal
dc.date.accessioned 2011-02-03T20:49:28Z
dc.date.available 2011-02-03T20:49:28Z
dc.date.issued 2007-01
dc.identifier.citation 16 Pac. Rim L. & Pol'y J. 107 en_US
dc.identifier.issn 1066-8632
dc.identifier.uri http://hdl.handle.net/1773.1/604
dc.description.abstract Abstract: Maritime terrorism on the Pacific Ocean is a growing threat. Terrorists can take advantage of widening gaps in the world’s maritime security regime. The current incarnation of the legal framework surrounding the nonflag-state right of visit has exacerbated emerging weaknesses. The world must be willing to allow nonflag states greater power to board vessels on the high seas that are suspected of participating in maritime terrorism. The ship-boarding procedures within the 2005 Draft Protocol to the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation are a step in the right direction. They do not go far enough, however, toward increasing maritime security. To effectively combat maritime terrorism, the international community should amend the United Nations Convention on the Law of the Sea, incorporating Article 3bis(1)(a) and Article 8bis(5)(e) of the 2005 Draft Protocol into Part VII of the Convention. This would create an additional exception to the principle of exclusive flagstate jurisdiction and control on the high seas, allowing for a nonflag-state right of visit given reasonable grounds to suspect that a ship has committed, is committing, or is about to commit an act of maritime terrorism as defined by Article 3bis(1)(a). en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Pacific Rim Law & Policy Journal, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [16PacRimLPolyJ0107] Heightened Security: The Need to Incorporate Articles 3bis(1)(a) and 8bis(5)(e) of the 2005 Draft SUA Protocol into Part VII of the United Nations Convention on the Law of the Sea en_US
dc.type Article en_US
dc.rights.holder Copyright 2007 by Pacific Rim Law & Policy Association en_US


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