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Who should receive LRIT information?
・General agreement that coastal States can receive LRIT information
- Disagreement on distance from which coastal States can receive LRIT information
・MSC Working Group in October 2005
- "... the Group agreed not to pursue, at this stage, the development of draft SOLALS amendments enabling SOLAS Contracting Governments to receive LRIT information in a coastal State capacity"
Who should receive LRIT information?
・US - 2000 nm or 96 hours
- US Maritime Security Regime
- US Maritime Domain Awareness
・Australia - 1,000 nm
- Establishment of the Australian Maritime Identification System (AMIS)
・European Commission - 400 nm
・Others (Iran, China, Brazil) - 200 nm
Does Distance Matter?
・Legally, need to draw distinction between:
- Receipt of LRIT information to coastal States
- Enforcement actions that may be taken by coastal States
Receipt of Information
・Distance is IRRELEVANT in relation to receipt of LRIT information per se
- Passive activity
- No infringement of freedom of navigation, sovereignty of other States or rights of flag State
- Precedent from other areas of international relations
Receipt of Information
・Desired distance?
- Minimally 200 nm
・EEZ/continental shelf resource and environmental security
・Protection of offshore platforms and installations
- Global coverage should be considered
- Technical simplicity with less maritime zones to deal with
What enforcement Action can be taken?
・Distance RELEVANT in relation to:
- Enforcement action coastal State may take
- Securing the confidentiality of LRIT information
・Concerns about possible extension of enforcement jurisdiction by some coastal States
- Concerns not supported by current rules of international law
Law of the Sea Constraints on Maritime Enforcement
・IMO instruments defer to the Law of the Sea Convention in relation to enforcement action
・Existing legal framework under the Law of the Sea Convention adequately addresses enforcement concerns.
・Concerns also addressed by the draft amendment to SOLAS Chapter V
LEGAL REGIMES OF THE OCEANS AIRSPACE
Article 3 - Draft Amendments to SOLAS Chapter V
- "Nothing in this regulation or the provisions adopted by the Organization in relation to the long-range identification and tracking of ships shall prejudice the rights or obligations of States under international law or the legal regimes of the high seas, the exclusive economic zone, the contiguous zone, the territorial sea or straits used for international navigation and archipelagic sea lanes."
Enforcement powers in Internal Waters
・Waters on landward side of baseline
・Full sovereignty
- Foreign vessels require permission to enter
- Power to determine condition of entry
- Power to deny entry
・Provided non-discriminatory
- Power to impose administrative and criminal sanctions
・vessels in ports/offshore terminals must have entered "voluntarily"
Enforcement Powers in Territorial Sea
・Between 0-12nm
・Foreign vessels have right of "innocent passage"
- Navigation through the territorial sea for the purpose of:
- (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
- (b) proceeding to or from internal waters or a call at such roadstead or port facility.
・Passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Law of the Sea Convention- Article 18
Prohibited actiVities include...
・Any threat or use of force against the coastal state
・Weapons exercises or practice
・Launching or recovery of aircraft
・Intelligence collection against the coastal state
・Interfering with communications systems
・Acts of propaganda directed against coastal state
・Loading/unloading of goods/persons contrary to coastal states customs, fiscal, immigration, sanitation laws
・Willful and serious pollution
・Fishing activities
・An activit not having a direct bearing on passage
Coastal State Enforcement Power
・Power to take necessary steps in the territorial sea to prevent passage that is not innocent
・Power to temporarily suspend innocent passage in specified areas of the territorial sea to protect national security, including weapons exercises
- Suspension to take effect only after it has been duly published
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