CHAPTER I
INTRODUCTION
I.1. Background: the rationales of choosing the topic
Maritime Security, Piracy in generals, impacts of piracy
Currently, International system is focusing on issues related with maritime security. Maritime security coxncern with threats that prevail in the maritime domain (Klein 2011; Kraska and Pedrozo 2013; Roach 2004; Vrey 2010, 2013). These threats include interstate-dispute, terrorism, piracy, drugs trafficking, people and illicit foods, arms proliferation, illegal fishing, environmental crimes, as well as accidents and disaster which happen in maritime domain. Thus, generally, maritime security can be defined as the absence of those threats. Meanwhile, there is an argument that inter-states dispute should be categorized as national security instead of maritime security. Thus, there is another definition of maritime security which define maritime security as good or stable order at sea (Till 2004; Vrey 2010; Kraska and Pedrozo 2013: 1). The definition of maritime security from one to another is different as the scope of maritime security is broad and each actor has different point of view on the issue. There is no universal legal definition about maritime security. The United Nation itself only
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The report classify the threats into: (1) Piracy and armed robbery, (2) terrorist acts, (3) the illicit trafficking in arms and weapons of mass destruction, (4) the illicit trafficking in narcotics, (5) smuggling and
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
Terrorist and criminal organization have internal problems that can be exploited by law enforcement and policy makers. Form author Nikos Passas we understand that terrorist organization have a lot of different methods of funding, including crime and charities. According to Passas the best way to combat this is to increase transparency and traceability in economic transactions, which was also concluded by author Jonas R. Want in his article discussing the regulation of Hawala. By doing this globally we can combat the financing of terrorist and criminal groups by having better knowledge of the movement of their money. According to author William Phil’s two thousand and seven peace, following the money is the most powerful tool in combating illegal financial transactions. The argument is supported by an Bichler, Bushes, and Malm’s article that states that understanding the market system in which criminal organizations operate is necessary when identifying the key players and mechanisms used. Overall, strengthening financial transaction transparency will help law enforcement combat both terrorist and criminal organization which will have great affects on both organizations
The Coast Guard (CG) is the nation’s smallest armed service and most misunderstood armed service. Most Americans know the Coast Guard is the nation’s premiere lifesaving service. Some may even know that the Coast Guard is the nation’s oldest continuing sea going service. While the Coast Guard falls under the UCMJ just like the other four branches, and often works side by side with them especially the Navy; The Coast Guard is usually trained for a very different mission than their DOD counterparts in times of peace. This paper will shed light on the Coast Guard’s accomplishments and its sacrifices in its National Defense mission.
The features in the South China Sea (‘SCS’) have become the root of tensions and conflicts in the region for years. Generally, that is the dispute on territory and sovereignty over ocean in whole or in part by countries in region. The case has dominated headlines for more than four decades not only because it complicatedly involves ‘multiple claimants contend over issues of sovereignty’ but also because it raises awareness on the regional security. Additionally, the case, which causes a number of legal questions, is both challenge and interesting regarding International Law legal studies. This essay will approach key elements of the issue as well as discuss on the dispute settlement in light of international law.
International organizations such as NATO and the UN are essential not only for global peace, but also as a place where middle powers can exert their influence. It is understandable that since the inception of such organizations that many crises have been averted, resolved, or dealt with in some way thro...
The largest task for the US government is protecting the Northern American borders with Canada and Mexico as well all ports of entry. Without the proper border security, we cannot have a secure nation. After 9/11, the government spent billions of dollars upgrading the nation’s security systems but borders security remains weak. The borders are an unobstructed point of entry for illegal immigrants, drugs, weapons, money laundering, human trafficking and terrorist groups. The security challenges along the border offer a variety of issues. The current model in use to protect and deter illegal immigrates, criminals, drug lords, terrorist and human trafficking is ineffective. It is the government’s responsibility to stop these illegal activities and provide protection from all the current problems. The US must set the goal to tighten its border security to decrease the free flow of illegal activities and potential terrorist and WMD’s. This paper will highlight the current problems with border security and the illegal activities that surround the border.
Modern piracy has touched nearly every corner of the globe and has increased with globalization. The tentacles of piracy now extend from South America to the South China Sea. The greatest numbers of piracy incidents occur along maritime commercial trade routes. Since China dominates the world’s container shipping industry, the South China Sea has become a hotspot for piracy (Kraska 2011). The prominence of cargo activity increases opportunity for pirates and indisputably triggered the sixty- nine incidents of piracy that were reported in 2009 in the South China Sea (Kraska 2011).
“The founders of Confederation gave the Senate the important role of protecting regional, provincial and minority interest” (Parliament of Canada, 2015). Basically, every region had the same number of seats in order to ensure them an equal voice in the Senate. As new territories and provinces entered Confederation, seats were added. Today, there are 105 seats that represent the Senate. The Maritimes Division has 24 seats, the Ontario Division has 24 seats, the Quebec Division has 24 seats, the Western Division has 24 seats, and additional representation; such as Newfoundland and Labrador, Northwest Territories, Yukon Territory and Nunavut has a total of 9 seats (Pouliot, 2015). Moreover, the Constitution also allowed the Senate to temporarily
According to the United Nations Offices on Drugs and Crime (UNDOC) “the organized crime threatens peace and human security, violates human rights and undermines economic, social, cultural, political and civil development of societies around the world”. Some of its different forms are financial crime, cybercrime, trafficking in firearms, drugs and persons.
The U.S. Coast Guard is mandated to ensure and enforce border and maritime security. This critical component to national security plays a vital role in proactively engaging threats and illegal immigration to the United States. U.S. national security is a shared responsibility among all security agencies. Security related issues have been an elusive issue with many attacks directed towards the United States. While immigrants arriving through normal routes through railway, road, and air are easy to screen, arrivals through the sea has proven a challenging issue. Many use dark, poorly manned regions as their harbors to gain entry into the United States. They enter without proper documentation, which becomes hard to identify them from among those with true identification. The U.S. Coast Guards are thus mandated to patrol the U.S. coastlines to ensure those approaching the coastline have proper authentication. Nonetheless, despite the critical role they play in maritime security, various law enforcement issues do derail their efforts.
"The Globallization of Crime: A Transnational Organized Crie Threat Assessment." United Nations Office on Drugs and Crime (2007): 1-314.
Maritime is primarily an adjective that describes objects or activities related to the sea. Why maritime important to grow up economy? It is because It is the main means for transporting goods internationally, and many cities rely on their ports as a major source of revenue. The maritime industry, which is a subsector of the transport sector, globally accounts for over 70% of transportation requirement of the world. Developing countries are expanding their participation in a range of different maritime businesses. They already hold strong positions in ship scrapping, ship registration and the supply of seafarers. They have growing market share in more
The United Nations Convention on the Law of the Sea (LOSC) has been managing maritime issues fundamentally for years and acceptable as the basic convention on solving maritime dilemmas. Not only dispute among states but also managing sea resources among states. Remarkably, maritime issues have been developing into more complex and complicated regarding the modernization, globalization and transnational problems. This convention alone is not enough to provide complete guidance to manage the confronting interests on the sea.
The international system is an anarchical system which means that, unlike the states, there is no over ruling, governing body that enforces laws and regulations that all states must abide by. The International System in today’s society has become highly influential from a number of significant factors. Some of these factors that will be discussed are Power held by the state, major Wars that have been fought out in recent history and international organisations such as the U.N, NATO and the W.T.O. Each of these factors, have a great influence over the international system and as a result, the states abilities to “freely determine their political status and freely pursue their economic, social, and cultural development”.