Many governments face the problem of IUU fishing. Spain is a state party to the United Nations Convention on the Law of the Sea (UNCLOS) and has comprehensive spatial planning compatible with international norms. In its maritime territory, the penal code is applied according to the legal regime applicable the different areas and within limitations …More
Superposition of national legal regimes in maritime disputed areas is governed by a set of international rules provided for in Articles 74 and 83 of the United Nations Convention on the Law of the Sea (UNCLOS). According to those articles, and as the international jurisprudence confirmed, not all activities are permissible in those areas, and …More
The article presents the legal framework of EUNAVFOR MED IRINI, a naval force established by the EU to contribute to the implementation of the arms embargo on Libya by UNSC Resolution 1970 (2011). The legal basis of IRINI is to be found both in the EU Council’s Decision establishing it, and the UNSC Resolution it …More
This article discusses the privatisation of policing at sea, in the form of the delegation of police powers by States and the EU to private vessels. Admittedly, such privatisation has significantly increased the last years and gives rise to numerous international law questions, including questions concerning the consistency of such practice with international law, the …More
Since December 2019, over 3,600 people have been infected with coronavirus or coronavirus-like illnesses aboard cruise ships. Whether infected or not, many passengers assert that cruise lines negligently handled COVID-19 outbreaks on board ships, posing a significant risk to their health, safety, and emotional well being. Various laws, including the Death on the High Seas …More
The global maritime industry continues to embrace information technology and operational technology in automating its processes. Increased digitalisation has brought about cyber vulnerabilities, opening the door for cyber-attacks. Cyber-attacks can have serious consequences for crews, ships, and cargos, including casualties, loss of control of ship and ship or cargo hijacking. This research paper examines and …More
On 31 October 1631, the Spanish galleon Nuestra Señora del Juncal succumbed to a storm and sank near the coasts of Campeche (Mexico). From a legal perspective, Mexico and Spain retain a legal interest over the wreck as coastal state and flag state, respectively. This article examines the legal situation of the wreck in the …More
The present study focuses on legal and ethical questions raised with respect to autonomous – more specifically remotely controlled and fully autonomous – vessels and COLREGs under Canadian law. The legal questions revolve around issues such as whether an autonomous vessel may be qualified as a vessel under COLREGs and whether an autonomous vessel can …More
Literature on piracy in Nigeria abound. However, limited insights have been suggested on how to effectively enforce antipiracy legislation through an enhanced institutional regime, from a comparative perspective. This study interrogates the significance of well-equipped and well-trained maritime regulatory and security institutions in enforcing antipiracy instruments in Nigeria. Thus, the study comparatively analyses Nigeria and …More
China has claimed sovereignty over the islands and archipelagos within the South China Sea dating back to 1947 when the ‘eleven-dash line’ was first published by the Nationalist government of the Republic of China. Malaysia is one country that is particularly impacted by China’s claim, which includes the Spratly Islands, a major pathway for global …More
Climate change has become one of the most critical concerns for mankind and urgent action is needed. The European Union (EU) Global Strategy of 2016 also considers climate change as a severe factor that may disrupt economic growth and endanger both citizens and territory. The International Maritime Organization (IMO) sought, but failed to reach, a …More
