On Maritime Law Enforcement

The rule of law is an indispensable essence for countries all around the world. What about the situation over the sea of our planet? Neither can it exist without the rule of law. As for the rule of law itself, it can not function without the power of law enforcement.Again, what we want to talk about first is the position of law enforcement in the rule of law over the sea. As a matter of fact, it is necessary that we put so much value on law enforcement, facing disputes and illicit actions at sea.When it comes to maritime law enforcement, what everyone wants to know is where the power of enforcement comes from, that is, the source of power of maritime law enforcement. The power of law enforcement at sea comes actually from such rights possessed by a country as sovereignty, sovereignty rights and jurisdictions. Sovereignty is a kind of right which is inherent to a country, while sovereignty rights as well as some of jurisdictions are entitled by international law to countries of the world.The brand new tendency emerges on the aspect of maritime jurisdictions of coastal states. And the expansion of jurisdiction even to the high seas may become an important issue for us to deal with.The universal jurisdiction over the high seas serves as exception and supplement for exclusive flag states jurisdiction, playing a key role in keep well order over the high seas. The United Nations Convention on the Law of the Sea(UNCLOS)provided a basis legal system of universal jurisdiction over the high seas, but without enough concern with newly emerging issues. Naval powers who practically occupy the high seas depending on the strength of military and navy are always willing to extend the universal jurisdiction on the high seas, which should be brought under international legal frameworks.The macro perspective of maritime law enforcement is provided by UNCLOS, which lay out areas and their legal status under jurisdictions of coastal states all over the world. The United Nations Convention on the Law of the Sea, also called the Law of the Sea Convention, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea, which took place from 1973 through 1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention concluded in 1982 replaced four 1958 treaties. UNCLOS came into force in 1994. To date 157 countries and the European Community have joined in the Convention. It is also regarded as a codification of the customary international law on the issue.Challenges take place when state parties apply UNCLOS to confront with their own jurisdictional areas. Because of the UNCLOS is in a sense not very specific, the domestic laws and regulations, which in accordance with UNCLOS, are actually direct guidelines of maritime law enforcement in various situations of different countries. Traditions may shed influence on the construction of domestic law of the sea, while domestic laws and regulations should not run against the spirit of UNCLOS. Those countries, as marine powers, some of whom exist beside China, usually have good legislation related to maritime law enforcement. To analyze and compare their domestic rules may be significant for us to learn a lesson about how can China make use of its own laws as devices to apply international conventions.The laws to be enforced within the various maritime jurisdictional zones, and the authorities designated to enforce them, are numerous and complex. They concern marine safety regulations; routering and traffic separation; compulsory pilotage; special channels for ships carrying hazardous cargoes; safety zones around offshore installations; marine pollution and sanitation regulations, inculuding monitoring procedures governing dangerous cargoes; dumping procedures; petroleum production safety regulations; safety regulations in diving and submersible operations; fisheries regulations, covering resource management measures, closed areas and periods, mesh, gear, variety, and minimum size restrictions; dredging licece conditions; civil or industrial unrest; smuggling, quarantine, and illegal immigration; and surveillance, indentification, interception,and arrest of offenders. At present these laws overlap geographically.Better laws and regulations, either international or domestic, serve as guideline for enforcement action. In the real situation, however, legislature it self is not enough. Due procedures are imperative when enforcement measures are being taken against illicit behavior or action at sea. Such procedural rights as the right of boarding, the right of approach and the right of hot pursuit are fundermental things for due procedure which consists of inquiry, examine, search, and seizure,etc.In peacetime, boarding allows authorized inspectors of one nation or group, such as a Coast Guard or an international policing fleet (e.g. United Nations fleet) to examine a ship's cargo in a search for drugs, weapons, passengers which are unrecorded on the ship's manifest, or any other type of contraband that could possibly have been carried aboard. A nation's Coast Guard could also board any suspicious ships that have been overfishing in such a nation's territorial waters.Hot pursuit, a term in international treaty law, laws of federal states, or other legal rules governing cross-border police operations when law enforcement officers and agents of one jurisdiction are allowed to cross the border into another jurisdiction in a pursuit of a fleeing criminal or for preventive police purposes.Another aspect is who is suitable for undertaking maritime law enforcement. Usually, a coast guard is a national organization responsible for various services at sea. However the term implies widely different responsibilities in different countries. Among the responsibilities that may be entrusted to a coast guard service are Maritime / Sea Rescue, enforcement of maritime law, maintenance of seamarks, border control, and other services. During wartime coast guards might be responsible for harbour defense, port security, naval counterintelligence and coastal patrols.In some countries it is part of the military. In a few countries it is a civilian or even private sector organization. Most coast guards operate ships and aircraft including helicopters and seaplanes for this purpose. In some countries (such as Ireland) the coast guard has a limited law enforcement and is the co-ordinating agency for maritime rescue but enforcement powers are growing dealing with maritime safety law, i.e. the Marine Safety bill and the Merchant Shipping act, and has officially become part of the uniformed services and assistance may come from other organizations in the rescue role. In these cases, lifeboats may be provided by civilian voluntary organizations, such as the Royal National Lifeboat Institution, whilst aircraft may be provided by the countries' armed forces Aircorps and Naval service, in addition to any coast guard owned assets. In the United States, the U.S. Coast Guard is a military branch that has law enforcement as one of its missions.The author also pay attention to general introduction of China, China's force of Law Enforcement at Sea, Law Enforcement System and Mechanism of China Coast Guard, China's Maritime Law, Emergency Handling at Sea, Counterterrorism at Sea, Illegal Immigrants Countering at Sea, Public Security and Administration at Sea, Maritime Rescue, International Cooperation in Police Duties and other related issues.