International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.
James Kraska, LL.M. (2005), S.J.D. (2009), University of Virginia School of Law, is Howard S. Levie Chair in Operational Law at the U.S. Naval War College, and author of Maritime Power and Law of the Sea (Oxford, 2011). Raul Pedrozo, LL.M. (1993), Georgetown University Law Center, is Professor of International Law at the U.S. Naval War College, and has participated in numerous international negotiations throughout the world on oceans law and maritime security law for the U.S. Government.
Chapter 1: Introduction to Maritime Security Law 1.1. Introduction 1.2 What is Maritime Security Law? 1.3 Building a Public Order of the Oceans 1.4 Conclusion Chapter 2: American Maritime Security Policy and Strategy 2.1 Introduction 2.2 U.S. Maritime Security Policy 2.3 National Strategy for Maritime Security 2.4 National Strategy for Global Supply Chain Security 2.5 U.S. Maritime Strategy for Homeland Security 2.6 Cooperative Strategy for 21st Century Sea Power Chapter 3: European Maritime Strategy and Policy 3.I North Atlantic Treaty Organization 3.2 European Union 3.3 Chiefs of European Navies Maritime Operational Concept 3.4 U.K. Future Maritime Operational Concept Chapter 4: Peacetime Zones and Control Measures 4.I Temporary Suspension of Innocent Passage 4.2 Offshore Installation Safety Zones 4.3 World-Wide Navigational Warning Service 4.4 Aeronautical Information Services Chapter 5: Marine Environmental Protection and Control Measures 5.1 The Marine Environment 5.2 Particularly Sensitive Sea Areas 5.3 Ships' Routeing, Vessel Traffic Services, and Ships' Reporting 5.4 Mandatory Ship Reporting (United States) 5.5 Marine Mammals Chapter 6: U.S. Safety and Security Zones and Airspace Control Measures 6.1 Introduction to U.S. Zones 6.2 Jurisdiction over the Navigable Waters of the United States 6.3 Safety Zones 6.4 Security Zones Chapter 7: Sea Power, Grand Strategy, and Freedom of the Seas 7.1 Seapower and Grand Strategy 7.2 U.S. Freedom of Navigation Program Annex 1: National Security Decision Directive 20 (1982) Annex 2: National Security Decision Directive 265 (1987) Annex 3: National Security Directive 49 (1990) Annex 4: Presidential Decision Directive 32 (1995) Annex 5: U.S. Freedom of Navigation Challenges 1995-2003 Chapter 8: Freedom of Navigation in the Law of the Sea 8.1 Baselines 8.2 Internal Waters 8.3 Territorial Sea 8.4 Straits Used for International Navigation 8.5 Contiguous Zone 8.6 Exclusive Economic Zone 8.7 Continental Shelf 8.8 High Seas Chapter 9: Excessive Maritime Claims: Territorial Seas, Straits, and Archipelagos 9.1 Introduction 9.2 Illegal Straight Baselines 9.2.1 Libya's "Line of Death" in the Gulf of Sirte 9.3 Excessive Claims over the Territorial Sea and Contiguous Zone 9.4 Excessive Claims over Straits Used for International Navigation 9.5 Excessive Claims over Archipelagic Sea Lanes Chapter 10: Security Claims in the Exclusive Economic Zone 10.1 Security Claims in the Exclusive Economic Zone 10.2 China's Oceans Law and the EEZ 10.3 North Korea's Military Zone 10.4 Military Activities in the EEZ Chapter 11: Flashpoint: South China Sea 11.1 The Political Seascape and Regional Stability 11.2 American Security Relationships and the South China Sea Chapter 12: Securing the Marine Transportation System 12.1 Threats to International Ship and Port Facility Security 12.2 The Law of the Sea and the IMO 12.3 Exclusive Flag State Jurisdiction 12.4 The ISPS Code 12.5 Maritime Domain Awareness Chapter 13: Port and Port Facility Security 13.1 Ports in the Global Transportation System 13.2 Port State Control 13.3 Port Facility Security 13.4 Port State Control Certifications and Documents 13.5 Questionnaire for Designated Authorities 13.6 Security Checklist for Port Facility Operators Chapter 14: Ship and Ship Operator Security 14.1 Shipping Company Responsibilities 14.2 Checklist for Shipping Companies 14.3 Ship Security 14.4 Checklist for Ship Security Personnel 14.5 Yachts and other Non-SOLAS vessels Chapter 15: Global Authorities to Counter Drug Trafficking 15.1. International Law and the Trade in Illegal Drugs 15.2 The Multilateral Treaty Framework 15.3 International Maritime Organization 15.4 UN Basic Principles on the Use of Force Chapter 16: Regional Authorities to Counter Drug Trafficking 16.1. Regional Cooperation in Countering Maritime Drug Trafficking 16.2 Caribbean Regional Maritime Agreement 16.3 Caribbean Basin Security Initiative 16.4 Organization of American States Model Operating Procedure 16.5 The Paris Pact Initiative 16.6 Republic of the Philippines National Coast Watch System 16.7 Merida Initiative 16.8 The Central America Regional Security Initiative Chapter 17: U.S. Maritime Counterdrug Law 17.1 Maritime Drug Law Enforcement Act 17.2 Drug Trafficking Vessel Interdiction Act 17.3 Foreign Narcotics Kingpin Designation Act 17.4 U. S. Coast Guard Authorities 17.5 Department of Defense Legal Authorities Chapter 18: U.S. International Maritime Counterdrug Policy 18.1 The U.S. Policy and Operational Framework 18.2 U.S. Bilateral Maritime Counterdrug Instruments 18.3 Conclusion 18.4 U.S. Maritime Law Enforcement Instruments Chapter 19: Migrant Smuggling at Sea 19.1 Transnational Threat of Irregular Migration 19.2 Law of the Sea Convention 19.3 Transnational Organized Crime Convention 19.4 Migrant Smuggling Protocol 19.5 IMO Initiatives 19.6 Duty to Assist 19.7 Salvage Conventions 19.8 International Convention for the Safety of Life at Sea 19.9 International Convention on Maritime Search and Rescue 19.10 Refugee Convention 19.11 The U.S. Experience in Law and Practice 19.12 Conclusion Chapter 20: Maritime Piracy and Armed Robbery at Sea 20.1 The Historical Roots of the Law of Piracy 20.2 Contemporary Law of Maritime Piracy 20.3 Counter-piracy Operations Chapter 21: Maritime Terrorism and Weapons of Mass Destruction at Sea 21.1 Prevalence of Maritime Terrorism 21.2 Non Proliferation Treaty 21.3 Coastal State and Flag State Jurisdiction 21.4 Cases on the Use of Force in Shipboarding 21.5 UN Security Council 21.6 Proliferation Security Initiative 21.7 Can the NPT Survive? Chapter 22: Commentary on the Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation 22.1 Convention on the Suppression of Unlawful Acts (SUA) 22.2 2005 Convention 22.3 2005 Protocol (Safety of Fixed Platforms) Chapter 23: Irregular Naval Warfare and Blockade 23.1 Irregular Naval Warfare 23.2 Quarantine 23.3 Cordon Sanitaire 23.4 Neutrality and Maritime Blockade 23.5 Blockade in Non-International Armed Conflict Chapter 24: Security Council Maritime Enforcement 24.1 Rhodesia Sanctions and the Beira Patrol (1965) 24.2 The Maritime Blockade of Iraq (1990-91) 24.3 Former Republic of Yugoslavia Armaments Embargo (1991-96) 24.4 Haiti Sanctions (1994) 24.5 Libya Embargo (2011) Index