Legal Challenges in Maritime Security PDF
Preview Legal Challenges in Maritime Security
Disclaimer: This eBook does not include ancillary media that was packaged with the with the printed version of the book. LEGAL CHALLENGES IN MARITIME SECURITY HEIDELBERG PAPERS Legal Challenges in Maritime Security is part of a series of publications on oceans law and policy associated with the Center for Oceans Law and Policy, University of Virginia School of Law. This volume is based on presentations made May 24-26, 2007 at the Center’s 31st Annual Conference which was held in Heidelberg, Germany, and co-hosted with the Max Planck Institute for Comparative Public Law and International Law (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht) and the Marine Law and Ocean Policy Centre at the National University of Ireland, Galway. CENTER FOR OCEANS LAW AND POLICY LEGAL CHALLENGES IN MARITIME SECURITY Edited by Myron H. Nordquist, Rüdiger Wolfrum, John Norton Moore and Ronán Long LEIDEN • BOSTON 2008 This book is printed on acid-free paper. ISBN 978 90 04 16427 7 Copyright 2008 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Brill provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. Printed in the Netherlands PREFACE The 31st Annual Conference sponsored by the Center for Oceans Law and Policy, University of Virginia School of Law was held May 24-26, 2007 in Heidelberg, Germany. The other co-sponsors of the Conference were the Marine Law and Ocean Policy Center, National University of Ireland, Galway and the Max Planck Institute for Comparative Public Law and International Law, University of Heidelberg that also hosted the gathering. Five of the six panels at the Conference convened in the modern meeting facilities at the Max Planck Institute for Comparative Public Law and International Law. The last panel on Saturday, however, was held in the magnificent Great Hall of the medieval University of Heidelberg renowned as an intellectual center by the 14th Century. All participants were then treated to a luncheon and tour of the Schwetzingen Castle and its beautiful park. A memorable reception and gala dinner took place in the main ballroom overlooking the inner courtyard of the Heidelberg Castle (the story book setting for the “Student Prince”) erected at the end of the 13th century. The topic of “Legal Challenges in Maritime Security” was conceived by Professor Rüdiger Wolfrum who was instrumental in developing the agenda and in selecting topics and speakers. He was joined in this effort by Dr. Ronán Long of the Irish Marine Law and Policy Center and by Professor Myron Nordquist of the Virginia Center for Oceans Law and Policy. This volume contains not only the written papers presented at the Heidelberg Conference but also two highly relevant distinguished speaker lectures recently sponsored by the Virginia Center for Oceans Law and Policy. The first was based on the Twenty Eighth annual Doherty Lecture on Ocean Policy that Professor Wolfrum delivered on April 13, 2006 at the Cosmos Club in Washington, DC. His address, which he updated for this book, is entitled v Preface “Fighting Terrorism at Sea: Options and Limitations under International Law.” As his table of contents indicates, Professor Wolfrum’s lecture is a tour de force covering the numerous unresolved international law issues that arise in fighting terrorism on the world’s oceans. The second paper was contributed by Judge Helmut Tuerk of the International Tribunal for the Law of the Sea (ITLOS) based on his experience in representing Austria at many negotiations and meetings. The theme of “Combating Terrorism at Sea: The Suppression of Unlawful Acts Against the Safety of Maritime Navigation” was covered during Judge Tuerk’s lecture at the Center for Oceans Law and Policy, University of Virginia School of Law on October 30, 2007 which was sponsored by the Alexander S. Onassis Public Benefit Foundation. In his paper, Judge Tuerk specifically focuses on the implications of the 2005 amendments to the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention). The next section of this book contains the keynote addresses given at the Heidelberg Conference. Practical thoughts on the topic of “National and International Approaches to Maritime Security” were offered by Rear Admiral Gottfried A.W. Hoch, Deputy Commander in Chief of the German Fleet. As the opening keynote speaker on Panel I, Admiral Hoch emphasized Germany’s national outlook. An outline of the German Federal Ministry of Transport views on “Legal Challenges in Maritime Security” was presented during lunch by Rudiger Clauß which is followed by an abbreviated edited transcript of questions and answers after his talk. The last keynote address was given at lunch the next day by the Head of the Legal Department and Legal Adviser to Germany’s Foreign Office, Georg Witschel. Director Witschel’s focus was on the broader international scene, including halting the proliferation of weapons of mass destruction. He reviews developments in the International Maritime Organization vi Preface (IMO) and the United Nations Security Council concluding that treaty instruments are the most appropriate approach for achieving global maritime security. An edited transcript is included of the lively discussion that followed Director Witschel’s address. Professor Wolff Heintschel von Heinnegg and Judge Tullio Treves from ITLOS led the commentaries on Admiral Hoch’s opening address for Panel I. Indeed, Professor Heintschel von Heinnegg’s remarks were transposed into a thoughtful written paper on the topic “Security at Sea: Legal Restraints or Lack of Political Will?” His forthright outlook is succinctly captured in this quote: “Thus, the law is being abused as a cheap excuse for passivity while, in reality, it is a lack of political will and courage that prevents the necessary steps from being taken.” The edited transcript of the question and answer period during Panel I appear at the end of Panel I. Panel II was devoted to the theme of “Cargo, Port and Supply Chain Security” with Professor Wolfrum serving as Panel Moderator. The next steps in maritime and port security are outlined in the abstract in the text and accompanying PowerPoint presentation in the CD provided by Rear Admiral William Baumgartner, the Head active duty legal officer for the United States Coast Guard. An ocean carriers’ perspective on maritime security was given by C. Thomas Burke, Senior Advisor to “K” Line America. Professor Craig H. Allen, Stockton Professor at the US Naval War College then submitted a comprehensive written paper on “The International Supply Chain Security Regime and the Role of Competent International Organizations”. Among the many important points that Professor Allen makes is that “…a shared interest in supply chain security does not necessarily lead to shared views on the level of security needed or how best to reach the desired levels.” Choosing the correct institutional component for implementation is seen as vital. A number of other vii Preface salient points are reflected in the edited question and answer section in the book on Panel II. At the request of the organizers, Commander James Kraska of the US Joint Chiefs of Staff gave a PowerPoint presentation (included in the accompanying CD) on the official US rationale for the Iraq intervention. The edited question and answer period on this presentation makes particularly thought-provoking reading. Admiral (Ret.) An Byoung-Tae from South Korea moderated Panel III on “International Maritime Security Needs and Initiatives”. Captain (USN retired) J. Ashley Roach, US State Department, provided a fulsome update on the Proliferation Security Initiative (PSI) and the 2005 Protocol to the SUA Convention. Captain Roach also describes the US approach to maritime law enforcement and forecasts an opportunity in 2008 for advancing international maritime security needs and initiatives. The second speaker on Panel III was Rear Admiral Cem Gürdeniz who addressed himself to the maritime security needs and initiatives from a Turkish perspective. The Admiral chose to provide his abstract and PowerPoint presentation for this book. The Legal Adviser to the foreign ministry of Iceland, Tomas H. Heidar, moderated Panel IV on the issue of piracy. The first speaker, Commander James Kraska, covered US piracy policy as developed in the recently formulated National Strategy for Maritime Security and the IMO. He outlined seven action items to implement the new policy which will serve as a focus for enhancing interagency coordination and for international outreach. The second speaker was Dr. Samuel Pyeatt Menefee, a long time associate of the Virginia Center, who provided an historical overview of piracy in the first decade of the 21st Century. The third presentation was by Professor Alexander S. Skaridov from the Russian State Admiral Makarov Maritime Academy on the twin topics of the lack of an viii
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