Sea Control by Other Means: Norwegian Coast Guard Operations Under International Maritime Law

2019 ◽  
Vol 51 (1) ◽  
pp. 35-46
Author(s):  
Timothy Choi
Keyword(s):  
Coast Guard ◽  
Maritime Law ◽  
Norwegian Coast

Governing the Central Mediterranean through Indirect Rule: Tracing the Effects of the Recognition of Joint Rescue Coordination Centre Tripoli

2019 ◽  
Vol 21 (2) ◽  
pp. 141-165 ◽  
Author(s):  
Kiri Santer
Keyword(s):  
Coast Guard ◽  
Search And Rescue ◽  
Border Zone ◽  
Central Mediterranean ◽  
International Maritime Organisation ◽  
Loss Of Life ◽  
Maritime Law ◽  
Close Analysis ◽  
Vast Area ◽  
Indirect Rule

Abstract The gradual empowerment of the Libyan Coast Guard through EU training and funding has introduced them as a new actor in the Central Mediterranean amongst other civil and military actors intervening to prevent loss of life at sea. This article examines the contested recognition of the authority of the Joint Rescue Coordination Centre Tripoli over the newly formalized Libyan Search and Rescue Region. It argues that the recognition of the Libyan coordination authority made by the International Maritime Organisation, has changed the way the international waters separating Libya and Europe are governed. Through the close analysis of three ethnographic vignettes depicting instances of rescue of migrants by an NGO vessel, this article illustrates how the Italian authorities are able to exercise control over this vast area indirectly via the formalization of the Libyan authority and concomitantly imped the operations of civil rescue NGO boats in the zone. This formalization enables Italian authorities (and their EU counterparts) to establish a form of indirect governance in this liminal border zone that clashes with other preceding legal orders which regulate distress cases at sea, i.e. international maritime law.

scholarly journals Entrusting Coast Guards with Maritime Law Enforcement Powers: Lessons for Malaysia

2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Abdul Ghafur Hamid Khin Maung Sein ◽  
Maizatun Bt Mustafa ◽  
Su Wai Mon
Keyword(s):  
Law Enforcement ◽  
Crucial Role ◽  
Primary Objective ◽  
Coast Guard ◽  
Maritime Security ◽  
The Other ◽  
Crucial Issue ◽  
Maritime Law ◽  
Law Enforcement Agency ◽  
The Usa

In view of many and varied maritime threats and growing number of maritime crimes, it is necessary for States to have coast guards with maritime law enforcement powers to secure their maritime territories and protect maritime interests. Modern coast guards play a crucial role in sustaining maritime security and their operations have become more and more sophisticated. However, in the case of the Malaysian Maritime Enforcement Agency (MMEA), commonly known as the Malaysian Coast Guard, it is found that it is still struggling even after 12 years of its establishment to achieve its primary objective of becoming a single maritime law enforcement agency in Malaysia. The present study finds that there seems to be a veiled competition between the MMEA on one side and the other law enforcement bodies on the other.  An analysis of the practice of coast guards of the USA, India and Japan is made to find a solution to this crucial issue revolving around Malaysia’s maritime security.  The study finally concludes that the controversial section 7(3) of the MMEA Act should be amended to clearly entrusting the MMEA with, and excluding other relevant agencies from, maritime law enforcement powers in the Malaysian maritime zones. Maritime security, maritime law enforcement, coastguards, MMEA, marine police

scholarly journals Tumpang Tindih Penegakan Hukum di Laut Indonesia

2021 ◽  
Author(s):  
Arif Budi Kusuma
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Coast Guard ◽  
Maritime Security ◽  
Maritime Law ◽  
State Institutions ◽  
National Jurisdiction ◽  
Harmonization Of Law ◽  
Laws And Regulations

AbstrakIndonesia sebagai poros maritim dunia memiliki laut sebagai penghubung antar wilayah dan batas dari teritorial negara. Pentingnya fungsi laut menimbulkan perlunya penegakan hukum di laut yang baik untuk mempertahankannya. Namun, penegakan hukum di laut dalam yuridiksi nasional Indonesia belum tertata dengan baik. Hal ini dapat dilihat dari posisi kewenangan dalam pengaturan terkait keamanan kemaritiman nasional yang saling tumpang tindih antar lembaga seperti Tentara Nasional Indonesia Angkatan Laut (TNI-AL), Badan Keamanan Laut (Bakamla), dan Kesatuan Penjagaan Laut dan Pantai (KPLP). Tulisan ini akan menganalisis lembaga negara yang menjadi coast guard di Indonesia. Selain itu mengenai permasalahan penegakan hukum di laut tidak dapat dilaksanakan dengan baik yang disebabkan oleh ketidakharmonisan antar peraturan perundang-undangan. Penulisan ini menggunakan metode yuridis normatif yang menggunakan pendekatan undang-undang. Dari penulisan ini akan diperoleh hasil mengenai analisis harmonisasi penegakan hukum dan faktor yang menjadi kendala dalam penegakan hukum keamanan laut di Indonesia. Kata Kunci : TNI-AL, Bakamla, KPLP, Tumpang Tindih, Coast GuardAbstractIndonesia as the world's maritime axis has the sea as a liaison between regions and borders of the country's territory. The importance of the function of the sea raises the need for good maritime law enforcement to maintain it. However, maritime law enforcement in Indonesia's national jurisdiction has not been well organized. This can be seen from the position of authority in regulations related to national maritime security that overlaps between institutions such as the Indonesian Navy (TNI-AL), the Maritime Security Agency (Bakamla), and the Marine and Coast Guard Unit (KPLP). This paper will analyze the state institutions that serve as coast guards in Indonesia. In addition, the issue of maritime law enforcement cannot be implemented properly due to the disharmony of laws and regulations. This writing uses a normative juridical method that uses a law approach. From this paper, the results will be obtained regarding the analysis of harmonization of law enforcement and the factors that become obstacles in the enforcement of maritime security law in Indonesia.Keywords: TNI-AL, Bakamla, KPLP, Overlapping, Coast Guard

Jurisdiction, Sovereignties and Akwesasne: Shiprider and the Re-Crafting of Canada-US Cross-Border Maritime Law Enforcement

2018 ◽  
Vol 33 (3) ◽  
pp. 335-357 ◽  
Author(s):  
Anna C. Pratt ◽  
Jessica Templeman
Keyword(s):  
Law Enforcement ◽  
Local Communities ◽  
Coast Guard ◽  
Local Context ◽  
Maritime Law ◽  
Cross Border ◽  
The Us ◽  
Us Coast Guard ◽  
International Border ◽  
St Lawrence River

AbstractAgainst the historical backdrop of the sinking of the Canadian rum-running schooner theI’m Aloneby the US Coast Guard in 1929, this paper examines the re-crafting of maritime jurisdictional practices in the 2000s through the Canada-US Cross-Border Maritime Law Enforcement Program known as Shiprider. Thinking jurisdictionally and taking seriously the materiality of the water, we explore the significance of Shiprider’s patrols in the local context of Kaniatarowano’on:we (St. Lawrence River) which flows through Akwesasne Mohawk Territory, an indigenous border nation cleaved by the Canada-US international border where local communities contend with and continue to refuse imposed colonial settler boundaries.

New law institutionalises Chinese maritime coercion

2021 ◽  
Keyword(s):  
Law Enforcement ◽  
The Philippines ◽  
Coast Guard ◽  
East China ◽  
China Seas ◽  
The South ◽  
Content Type ◽  
Maritime Law ◽  
Unit Level ◽  
Administrative Control

Significance The CCG is the largest maritime law-enforcement fleet in the region, and over the last decade the key actor in Beijing's incremental moves to expand on-water administrative control in the South and East China Seas. Impacts The law could prompt unit-level commanders to take more initiative in using force, though tighter discipline is likely to offset this. Japan is strengthening its own coast guard in response to China, but it will remain smaller, more lightly armed and civilian. The Philippines has issued a protest and flagged increased naval deployments, but the response will be limited because its navy is small. The new US administration will continue naval patrols in Chinese-claimed waters, with greater publicity.

Identification of Key Elements for Compliance of the IMO Polar Code Requirement of Minimum 5 Days Survival Time

2017 ◽  
Author(s):  
Knut Espen Solberg ◽  
Endre Barane ◽  
Ove Tobias Gudmestad
Keyword(s):  
Survival Time ◽  
Personal Protective Equipment ◽  
Phase 1 ◽  
Full Scale ◽  
Coast Guard ◽  
Protective Equipment ◽  
Polar Regions ◽  
Maritime Industry ◽  
Norwegian Coast ◽  
Polar Code

IMO has developed the functionally based Polar Code, which entered into force 01.01.2017. The code requires marine operators to provide lifesaving equipment that ensures a minimum of 5 days survival time. This requirement puts additional strain on the existing life-saving appliances. To identify the key elements for compliance of the IMO Polar Code, a full-scale exercise (SARex, (April 2016)) was initiated and organized by University of Stavanger, the Norwegian Coast Guard and GMC Maritime. The object of the SARex full scale exercise was to identify the gaps between the functionality provided by existing SOLAS approved safety equipment and the functionality required by the Polar Code. The exercise was conducted with the help of the vessel KV Svalbard (Norwegian Coast Guard), and participated by leading experts from industry, governmental organizations and academia. The following topics were specifically addressed in the exercise that took place in the marginal ice zone of the coast of Svalbard late April 2016: 1. Functionality of survival craft and PPE (Personal Protective Equipment) polar conditions. 2. Coast Guard’s search and rescue procedures, including handling of mass evacuations in Polar Regions. 3. Functionality of Personal/Group survival gear according to the requirements defined in the IMO Polar Code. Survival for 5 days according to the requirements defined in the IMO Polar Code in a life raft represents a large challenge with regard to design of rescue craft, design of PPE (Personal Protective Equipment), rations and on-board organization. As the IMO Polar Code is functional based, a holistic approach has to be utilized when assessing the survival chain. For an assessment of the survival chain to be conducted in a sustainable manner, key elements essential for survival in a life raft have to be identified and prioritized. Designing a survival chain applicable to maritime industry also involves considering commercial, economic and operational restrictions. The paper will elaborate on the key elements essential for a minimum of 5 days survival in a life raft based on the findings identified in the Phase 1, Functionality of survival craft and PPE (Personal Protective Equipment) polar conditions, of the SARex exercise. The findings will be assessed and evaluated based on industry limitations.

scholarly journals KYSTVAKTEN – NORWEGIAN COAST GUARD

2019 ◽  
Vol 32 ◽  
pp. 207-230
Author(s):  
Krzysztof Kubiak
Keyword(s):  
Coast Guard ◽  
Norwegian Coast
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