ABSTRACT

Peacetime Right of Approach and Visit and Effective Security Council Sanctions Enforcement at Sea   [open pdf - 778KB]

From the Introduction: "This article opens by explaining the role of the U.N. Security Council in preserving international peace and security and detailing the nature of maritime security operations, including maritime interception operations (MIO), while also highlighting some of the operational and legal challenges faced by naval forces conducting such operations. It then traces the development of the right of approach and the right of visit from customary international law to the 1958 Geneva Convention on the High Seas and then the 1982 U.N. Convention on the Law of the Sea. Although naval forces presently rely on Article 110 of the 1982 Convention to exercise the right of visit when there are reasonable grounds for believing the vessel is stateless, I conclude that the bases for exercising a right of visit cannot develop beyond the present text of Article 110, except by treaty or a Chapter VII decision by the Security Council."

Author:
Publisher:
Date:
2019
Copyright:
Public Domain
Retrieved From:
U.S. Naval War College: https://www.usnwc.edu/
Format:
pdf
Media Type:
application/pdf
Source:
International Law Studies (2019), v.95 no.400
URL:
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