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Part IV Transnational Organised Crime as Matter of Certain Branches of International Law, 20 Law of the Sea and Transnational Organised Crime

Alexander Proelß, Tobias Hofmann

From: International Law and Transnational Organised Crime

Edited By: Pierre Hauck, Sven Peterke

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 04 December 2020

Organized crime — Piracy — Fisheries — Exclusive economic zone — Innocent passage — Ships / vessels

A decade ago, the High Level Panel on Threats, Challenges, and Change identified transnational organised crime (TOC) as one of the six clusters of threats that the international community has to face in the twenty-first century, thus recognizing and highlighting how important the suppression of TOC is for a more secure world. This chapter outlines the pertinent legal framework provided by the international law of the sea, sets out the circumstances under which states are entitled to exercise jurisdiction over foreign ships, and addresses many of the highly sensitive issues surrounding shipping interdiction. It argues that the international law of the sea establishes a legal framework for cooperation that, on one hand, sets comparatively narrow limits for unilateral enforcement measures, but at the same time leaves sufficient room for flexibility in respect of bilateral and multilateral approaches addressing the interdiction of suspected vessels.

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