Maritime Security and the Law of the Sea

Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are and should be shaping the law of the sea. The discussion sets out the rules regulating passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. This book argues that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

Natalie Klein is a Professor at and Dean of Macquarie Law School, Macquarie University, Sydney, Australia where she teaches and researches in different areas of international law, with a focus on law of the sea and international dispute settlement. Professor Klein is the author of Dispute Settlement in the UN Convention on the Law of the Sea (Cambridge University Press, 2005) and regularly provides advice, undertakes consultancies and interacts with the media on law of the sea issues. Prior to joining Macquarie, Professor Klein worked in the international litigation and arbitration practice of a New York law firm, served as counsel to the Government of Eritrea and was a consultant in the Office of Legal Affairs at the United Nations. Her masters and doctorate in law were earned at Yale Law School.

- 1: Two Fundamental Concepts - 2: Passage and Military Activities - 3: Law Enforcement - 4: Terrorism and Proliferation of Weapons of Mass Destruction - 5: Intelligence Gathering and Information Sharing - 6: Armed Conflict and Naval Warfare: Shifting Legal Regimes - 7: International Law of Maritime Security - A Synopsis and Proposal for Change