scholarly journals Maritime Law Enforcement in Japan

2018 ◽  
Vol 6 (2) ◽  
pp. 117-133
Author(s):  
Chie Kojima
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Marine Pollution ◽  
Illegal Immigration ◽  
Coast Guard ◽  
Armed Robbery ◽  
Maritime Law ◽  
Self Defense ◽  
Unregulated Fishing

Abstract This paper discusses the roles and functions of the Japan Coast Guard and Japan Maritime Self-Defense Force in maritime law enforcement. It analyzes practices of Japan’s maritime law enforcement in the prevention and punishment of piracy and armed robbery against ships, illegal, unreported and unregulated fishing, marine pollution, illegal immigration, and drug trafficking. It also examines cases of collaboration among different agencies at the domestic, regional and international levels.

scholarly journals U.S. State Practice

2018 ◽  
Vol 6 (2) ◽  
pp. 199-218
Author(s):  
Anastasia Telesetsky
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Marine Environment ◽  
Drug Trafficking ◽  
Illegal Immigration ◽  
Coast Guard ◽  
Marine Resources ◽  
Immigration Enforcement ◽  
State Practice ◽  
The U.S

Abstract This article summarizes U.S. State practice in the area of maritime enforcement. Focusing on the activities of the U.S. Coast Guard and the U.S. Navy, the article covers law enforcement for piracy and human trafficking, law enforcement for maritime terrorism and weapon trafficking, enforcement against illegal extraction of living marine resources, enforcement to protect the marine environment from pollution, enforcement to prevent accidents at sea, customs and illegal immigration enforcement, and drug trafficking enforcement. The article notes that the U.S. approach to maritime enforcement has been a “long-arm” approach ensuring enforcement of U.S. interests spanning oceanic regions.

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.

Maritime Autonomous Vehicles and Drug Trafficking by Sea: Some Legal Issues

2021 ◽  
pp. 1-30
Author(s):  
Rob McLaughlin ◽  
Natalie Klein
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Drug Trafficking ◽  
Autonomous Vehicles ◽  
New Technologies ◽  
Legal Issues ◽  
Maritime Security ◽  
Law Reform ◽  
Maritime Law ◽  
Legal Questions

Abstract Among the new technologies being deployed at sea, maritime autonomous vehicles (MAV) are of increasing interest to States to enhance their intelligence, surveillance and reconnaissance capabilities to improve their maritime security. This article analyses the international law implications of this use of MAV to support maritime law enforcement efforts in response to drug trafficking and other crimes at sea. The use of MAV for criminal purposes, especially smuggling goods, also holds international law consequences. The article assesses how these different operations of MAV fit within existing legal regimes, highlighting emerging legal questions for resolution and setting out recommendations for law reform to enhance counter-smuggling operations at sea.

scholarly journals Interdicting International Drug Trafficking: a Network Approach for Coordinated and Targeted Interventions

2021 ◽  
Author(s):  
Luca Giommoni ◽  
Giulia Berlusconi ◽  
Alberto Aziani
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Network Approach ◽  
Targeted Interventions ◽  
Cross Border ◽  
Edge Betweenness ◽  
Different Types ◽  
Social Network Approach ◽  
The Impact ◽  
International Trafficking

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.

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