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Maritime Security and the Law of the Sea$
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Natalie Klein

Print publication date: 2011

Print ISBN-13: 9780199566532

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199566532.001.0001

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Two Fundamental Concepts

Two Fundamental Concepts

Chapter:
(p.1) 1 Two Fundamental Concepts
Source:
Maritime Security and the Law of the Sea
Author(s):

Natalie Klein (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199566532.003.0001

This chapter discusses the definition of maritime security and assesses the ongoing relevance of the concept of mare liberum (freedom of the seas). Maritime security covers the protection of a state's land and maritime territory, infrastructure, economy, environment, and society from certain harmful acts occurring at sea. These harmful acts include: piracy, terrorism, illicit trafficking in drugs and weapons, people smuggling, illegal fishing, and intentional and unlawful environmental damage. The chapter also introduces the overall analysis, which draws on the seminal work of McDougal and Bourke's Public Order of the Oceans in examining how a common interest in protecting maritime security may be achieved through a balance of inclusive and exclusive interests. It is argued that maritime security can and should be viewed as an inclusive interest given the common interest in combating an array of maritime security threats.

Keywords:   maritime territory, maritime security, mare liberum, freedoms of the seas

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