The Safeguards

In one line

Enforcement powers at sea can be abused, so eleven articles limit them, and the limits are as examinable as the powers.

In exam wording: articles 223 to 233 of the United Nations Convention on the Law of the Sea 1982 contain the safeguards on enforcement: measures to facilitate proceedings, the exercise of powers of enforcement only by officials or warships or authorised aircraft, the duty not to hazard the safety of navigation or unduly detain a vessel, the suspension and restrictions on the institution of proceedings, the exclusion of imprisonment for violations by foreign vessels beyond the territorial sea, the recognition of the rights of the accused, notification to the flag State, liability of States for unlawful or excessive enforcement, sovereign immunity, and the preservation of the coastal State's rights in straits used for international navigation.

The eleven safeguards

Article 223: measures to facilitate proceedings. States shall take measures to facilitate the hearing of witnesses and the admission of evidence submitted by authorities of another State or by the competent international organisation, and shall facilitate the attendance at such proceedings of official representatives of the competent international organisation, the flag State and any State affected by pollution arising out of any violation.

Article 224: exercise of powers of enforcement. The powers of enforcement against foreign vessels may only be exercised by officials or by warships, military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effect.

Article 225: duty to avoid adverse consequences in the exercise of the powers of enforcement. In exercising powers of enforcement against foreign vessels, States shall not endanger the safety of navigation or otherwise create any hazard to a vessel, or bring it to an unsafe port or anchorage, or expose the marine environment to an unreasonable risk.

Article 226: investigation of foreign vessels.

Paragraph 1(a): States shall not delay a foreign vessel longer than is essential for purposes of the investigations. Any physical inspection shall be limited to an examination of such certificates, records or other documents as the vessel is required to carry, and further physical inspection may be undertaken only after such an examination and only when there are clear grounds for believing that the condition of the vessel or its equipment does not correspond substantially with the particulars of those documents, or the contents of the documents are not sufficient to confirm or verify a suspected violation, or the vessel is not carrying valid certificates and records.

Paragraph 1(b): if the investigation indicates a violation, release shall be made promptly subject to reasonable procedures such as bonding or other appropriate financial security.

Paragraph 1(c): without prejudice to applicable international rules regarding seaworthiness, the release of a vessel may, whenever it would present an unreasonable threat of damage to the marine environment, be refused or made conditional upon proceeding to the nearest appropriate repair yard. Where release has been refused or made conditional, the flag State must be promptly notified and may seek release in accordance with Part XV.