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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction

Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction

Chapter:
(p.347) 18 Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction
Source:
The Law of the Sea
Author(s):

Stuart Kaye

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0018

The phrase ‘creeping jurisdiction’ has been applied by a number of publicists to the gradual extension of state jurisdiction offshore in the law of the sea through the course of the 20th century. Under the current United Nations Convention on the Law of the Sea (LOSC), and confirmed by international practice, the territorial sea is 12 nautical miles wide. It might have been thought that jurisdictional creep had ended with the conclusion of the United Nations Convention on the Law of the Sea (LOSC) in 1982. This chapter examines whether contemporary practice may lead to a further creeping of jurisdiction, not in a further grab for resources, but in an effort by states to provide themselves with greater security from threats from the sea. It examines contemporary and emerging practice in respect of maritime security, and discusses whether seeking greater control over security — which covers military security and environmental security — is the next generation of jurisdictional creep. Beyond the territorial sea, the LOSC also confirms that there is freedom of navigation for all vessels. This is essentially applicable for the exclusive economic zone and high seas areas beyond it.

Keywords:   creeping jurisdiction, United Nations Convention, maritime security, navigation, territorial sea, high seas, exclusive economic zone, military security, Proliferation Security Initiative, environmental security

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